Smt. Afzal vs State Of U.P. And Others
2013 Latest Caselaw 7275 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 8970 of 2012
 

 
Petitioner :- Smt. Afzal
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- Vivek Kumar Singh
 
Counsel for Respondent :- C.S.C.,V.C.Dixit
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

Petitioner before this Court seeks a writ of mandamus directing the respondent no. 3, Insurance company to process the claim in the matter of payment the insurance amount due on the death of her husband under the Janta Personal Accident Policy.  The claim was earlier rejected by the Insurance Company, namely, Oriental Insurance Company on the ground that computerized Khatauni standing in the name of the husband of the petitioner has not been submitted along with the claim. The District Magistrate under his letter dated 16.12.2010 has informed  the insurance company that village where the land of the husband of the petitioner in situate is under consolidation operations and the work of the same has not been completed. Therefore, no computerized Khatauni can be issued.  The District Magistrate has required the insurance company to release assured sum i.e. Rs. 1,00,000/- in favour of the petitioner. No action has been taken by the Insurance Company on the said letter of the District Magistrate dated 16.12.2010 till date.

In the facts of the case, we are of the considered opinion that the Insurance Company must re-visit the matter in the light of the letter of the District Magistrate dated 16.12.2010 and, if the District Magistrate himself has certified that the deceased farmer was the Bhumidhar of plot of the land mentioned in the Khatauni, and further that because of the consolidation operations  the computerized Khatauni cannot be issued.

We therefore, direct the respondent no. 3 re-visit the matter and to take appropriate action in light of the letter of District Magistrate dated 16.12.2010 preferably within four weeks from the date of production of certified copy of this order.

The writ petition is disposed of.

Order Date :- 3.12.2013

Priyanka