HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17991 of 2025 Court No. - 5 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri Narendra Pratap Kushwaha, learned counsel for the petitioner and learned Standing Counsel for the State-Respondents. 2. Present writ petition has been filed, inter-alia, with the following prayers:- "(I) Issue a writ, order or direction in the nature of certiorari to quash the order dated 7.9.2024 passed by the District Magistrate/respondent no.2 without considering the material facts, circumstances and evidences of the case, whereby the claim of the petitioner with regard to payment of amount of Rs.5 lakh under 'Mukhyamantri Krishak Durghatna Kalyan Yojna' has been rejected on the ground of latches. (II) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to provide financial assistance to the petitioner under the 'Mukhyamantri Krishak Durghatna Kalyan Yojna' formulated by the State Government vide Government Order dated 28.02.2020 within stipulated time to be fixed by this Hon'ble Court." 3. Learned counsel for the petitioner submitted that the respondent no.2 has rejected the claim of the petitioner for grant of ex-gratia compensation under the scheme 'Mukhyamantri Krishak Durghatna Kalyan Yojana' vide order dated 7.9.2024 only on the ground that the claim was time barred and has not addressed on the merits of the claim. He has placed reliance upon the judgement and order dated 6.1.2023 passed by coordinate Bench of this Court in the case of Smt. Mira Devi Vs. State of U.P. and 2 others, Writ- C No.33874 of 2023, Neutral Citation No.2023:AHC:212770-DB, wherein this Court while relying on the judgement and order dated 11.3.2022 passed Versus Counsel for Petitioner(s) : Narendra Pratap Kushawaha, Parashuram Barnawal Counsel for Respondent(s) : C.S.C. Raj Kumari Devi .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) by Hon'ble the Supreme Court in the case of The Oriental Insurance Company Ltd. Vs. Sanjesh & another), Special Leave Petition (C) No.3978 of 2022, (2022) LawSuit (SC) 343 has held that the delay was condonable, copy of the said order produced by learned counsel for the petitioner is taken on record. 4. Per contra, learned Standing Counsel has stated that there is a time limit of 45 days which in special circumstances can be extended by further period of one month, therefore, the maximum time for presentation of such claim is 75 days and relies upon Clause 10 of the said scheme dated 24.2.2020, however, he could not dispute the correctness of judgement rendered by this Court in Re. Smt. Mira Devi (Supra). 5. Having heard learned counsel for the parties and having perused the record, we find that the sole reason for rejection of the claim of the petitioner is beyond the time prescribed under the said yojana. This Court in Re. Smt. Mira Devi (Supra) while relying on the judgement passed by the Hon'ble Supreme Court in Oriental Insurance Company Ltd. (Supra) was of the opinion that the matter required to be addressed on merits by the competent authority. 6. Thus in view of the aforesaid discussions, we are of the considered opinion that the rejection of claim of the petitioner by the order impugned dated 7.9.2024 solely on the ground of being time barred, cannot be sustained and as such is hereby quashed. 7. The matter is remitted back to the Respondent no.2/District Magistrate/Collector,Kushinagar to decide the claim of the petitioner afresh on its merit and as per law within a period of two months from the date of production of certified copy of this order. 8. The writ petition stands allowed in terms of the aforesaid order. 9. No order as to cost. September 16, 2026 Gaurav Kuls WRIC No. 17991 of 2025 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad