Nanka Devi vs State Of U.P. Thru Prin.Secy. ...
2021 Latest Caselaw 8614 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- MISC. BENCH No. - 15729 of 2021
 
Petitioner :- Nanka Devi
 
Respondent :- State Of U.P. Thru Prin.Secy. Revenue And Ors.
 
Counsel for Petitioner :- Mukesh Singh,Satyajeet Singh
 
Counsel for Respondent :- C.S.C.,Zafar Aziz
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

Notice on behalf of opposite parties no. 1 and 2. has been accepted by the learned Chief Standing Counsel whereas Mr. Zafar Aziz, Advocate has accepted notice for opposite party no. 3.

Heard learned counsel for the parties.

The writ petition has been filed seeking following relief:

"Issue a writ, order or direction in the nature of mandamus commanding to the opposite party no 2, to decide the petitioner's 25/07/2020 & 05/07/2021, in the light of the judgment in case Writ - C 15983 of 2020 in re Gautam Yadav vs. State of U.P. and 3 others, which is preferred against the rejection order dated 27/08/2019 passed by opposite party No.3, by which claim of the petitioner is rejected."

Learned counsel for petitioner submits that the husband of petitioner had died due to drowning in a canal on 20.7.2018. The information was given to the police on 21.7.2018. The petitioner thereafter filed her claim for the benefit under Mukhyamantri Kisan Evam Sarvhit Bima Yojna. The opposite party no. 3 had rejected the claim of petitioner on the ground that the claim has been filed after the prescribed period of limitation of three months. Against the rejection order dated 27.8.2019, the petitioner has moved representation dated 25.07.2020 and 05.07.2021 before the District Magistrate who is the president of the district level committee to take a final decision with respect to the claim of the petitioner under Mukhyamantri Kisan Evam Sarvhit Bima Yojna. It is submitted that in the case of Gautam Yadav vs. State of U.P. and others (Writ C No. 15983 of 2020, judgment dated 11.11.2020) the Court has extended the period of limitation to three years from date of the death of the farmer and the claim filed within three years from the date of death shall not be rejected on the ground of period of limitation.

Let the representation of petitioner dated 25.7.2020/5.7.2021 be decided by the district level committee headed by the District Magistrate, Ayodhya taking into consideration the judgment passed in the case of Gautam Yadav vs. State of U.P. and others (supra) within a period of six weeks from the date a certified copy of this order along with copy of representation is produced before it.

The writ petition is disposed of.

[Dinesh Kumar Singh, J.] [Ritu Raj Awasthi, J.]

Order Date :- 26.7.2021

Santosh/-