Gudiya Devi vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 10225 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- MISC. BENCH No. - 17461 of 2021
 

 
Petitioner :- Gudiya Devi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue & Ors.
 
Counsel for Petitioner :- Mukesh Singh,Abhay Raj Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Ravi Nath Tilhari,J.

Heard Sri Mukesh Singh, learned counsel for the petitioner and learned Standing Counsel for the State for the opposite parties.

This petition has been filed for quashing the order dated 27.07.2019 passed by District Level Committee presided by the District Magistrate, Ambedkar Nagar under Mukhyamantri Kisan Evam Sarvhit Bima Yojna, by which the petitioner's claim for payment of compensation under the said scheme due to death of petitioner's father due to wall fallen on him while he was working in a building as he was a daily labour on 15.09.2018 was rejected on the ground that the petitioner preferred the claim beyond the period of limitation. The limitation prescribed under the scheme is three months from the date of accident/calamity.

Learned counsel for the petitioner has submitted that the period of limitation for filing claim has been held to be three years and not three months. He has placed reliance upon the judgment of this Court rendered in Writ C- 15983 of 2020 in re: Gautam Yadav vs. State of U.P. & Ors., wherein the period of limitation has been held to be three years and not three months. The said judgment has been followed by a co-ordinate Bench in W.P. No. 7839 (MB) of 2021 decided on 19.03.2021.

In view of the aforesaid, the rejection of the petitioner's claim on the ground of limitation is not justified.

Accordingly, the order dated 27.07.2019 passed by District Level Committee presided by the District Magistrate Ambedkar Nagar under Mukhyamantri Kisan Evam Sarvhit Bima Yojna is hereby quashed. The District Level Committee presided by the District Magistrate, Ambedkar Nagar is directed to consider the petitioner's claim as per law under the scheme aforesaid and pass reasoned and speaking order, expeditiously, say within a period of four weeks from the date of production of copy of this order before the said authority.

With the aforesaid observations and directions, the writ petition is partly allowed.

(Ravi Nath Tilhari,J.) (Rajan Roy,J.)

Order Date :- 12.8.2021

Shanu/-