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2025 DAILYLAW 85673 (ALL)

CHAMPA DEVI v. STATE OF U.P. AND 3 OTHERS

WRIC/27261/2025 · 2025-09-07

Arun Kumar, Manoj Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27261 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The petitioner has assailed an order order 14.05.2022 passed by respondent no. 2, District Magistrate, Banda by which the claim of the petitioner for grant of compensation under 'Mukhyamantri Krishak Durghatna Bima Yojna', has been rejected. 2. The petitioner claimed compensation on account of death of her son in a road accident. The impugned order records that the petitioner is neither tenure holder/co-tenure holder nor bread winner nor bataidar therefore, the claim is held to be inadmissible. 3. Learned counsel for the petitioner has referred to the affidavit dated 04.06.2022 of Arun Kumar Tripathi wherein he stated that he is owner of Gata No. 133 and son of the petitioner namely Manoj Kumar (deceased) was working as bataidar over his land from several years. By way of supplementary-affidavit, the petitioner has brought on record the khatauni which evidences that Arun Kumar is having agricultural land in his name. 4. It seems that the aforesaid evidence has been ignored from consideration while passing the impugned order. 5. It is not disputed that a bataidar is also covered under the scheme. 6. Consequently, the impugned order cannot be sustained and is accordingly quashed. Versus Counsel for Petitioner(s) : Ram Murti Tripathi Counsel for Respondent(s) : C.S.C. Champa Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 7. Matter is remitted back to respondent no. 2 for considering the claim of the petitioner afresh, taking into account the affidavit of Arun Kumar Tripathi and revenue records. 8. Writ Petition stands disposed of. September 8, 2025 A. Mandhani WRIC No. 27261 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad