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2025 DAILYLAW 77688 (ALL)

BRAJESH KUMAR v. STATE OF U.P. AND ANOTHER

WRIC/23846/2025 · 2025-08-05

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133088-DB Court No. - 21 Case :- WRIT - C No. - 23846 of 2025 Petitioner :- Brajesh Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Bhavisya Sharma Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The petitioner applied for compensation under the Mukhyamantri Krishak Durghatana Kalyan Yojana upon death of his father, Lakhan Singh, in a road accident. As per the FIR, bearing Case Crime No. 0013 of 2024, the accident took place on 28.12.2023 at about 1:30 AM and on 2.1.2024 at about 3:00 AM his father died. The claim has been rejected on the ground that the deceased was more than 70 years of age and, therefore, the petitioner is ineligible for compensation under the scheme. 2. Indisputably, under the scheme, at the time of death or disability, the person should have been between 18 to 70 years of age. 3. Learned counsel for the petitioner submits that according to FIR, his father was 65 years of age and as per Parivar Register, he was about 66 years of age as therein the date of birth is recorded as 1.2.1958. He submits that in the Aadhar Card, which was got prepared subsequently, the date of birth is recorded as 1.1.1954 and if calculated from the said date, the actual date of death, was only one day beyond 70 years. He submits that on the basis of the Parivar Register and recital in the FIR, the compensation should have been awarded to the petitioner. 4. Undoubtedly, the scheme, in question, is a piece of beneficial scheme for welfare of the agriculturist. The accident was so grave that ultimately it resulted in death and therefore, in view of the nature of scheme and its purpose, we are of the opinion that the respondents should not take a very technical view to decline the claim. The Parivar Register and the FIR should have been given precedence. 5. Accordingly, we quash the impugned order and remit the matter back for reconsideration, without treating the applicant to be ineligible on the ground that the deceased was more than 70 years of age at the time of death. The said consideration shall be made within a period of four weeks from the date of communication of the instant order. 6. The writ petition is disposed of accordingly. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 6.8.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad