Allahabad High Court
Smt. Kanchan vs State Of U.P. Thru. ... on 26 July, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- MISC. BENCH No. - 15565 of 2021
Petitioner :- Smt. Kanchan
Respondent :- State Of U.P. Thru. Commisioner/Secy. Board Of Revenue &Ors.
Counsel for Petitioner :- Shrikant Mishra,Hemant Tripathi
Counsel for Respondent :- C.S.C.,Illegible
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for petitioner as well as learned Additional Chief Standing Counsel who has accepted notice on behalf of the opposite parties nos.1 and 2. Despite service of notice on opposite party No.3 through E-mail, no one appears on his behalf to prosecute the case.
2. The instant writ petition has been filed seeking the following relief:
"(i.) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 15.05.2019 passed by the Deputy Manager of Oriental Insurance Company Limited, sitting at Divisional Office-II, situated at Vikas Deep Building, 9th Floor, 22, Station Road, Lucknow-226019, whereby the claim of the petitioner under Mukhyamantri Kisan Avam Sarvahit Bima Scheme has been rejected, in illegal and arbitrary manner (which is contained as Annexure No.1 to the writ petition) against the settled provisions of law.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding the District Magistrate, Sultanpur to decide the claim of the petitioner, pending under the Mukhyamantri Kisan Evam Sarvhit Bima Yojana, in the light of order dated 11.11.2020 passed in Writ C No.15983 of 2020: Gautam Yadav vs State of U.P. And 3 Others and Government Order dated 20.06.2017, issued by the State Government with regard to Mukhyamantri Kisan and Sarvahit Beema Scheme.
(iii) Issue any other order or direction may kindly also be passed which the Hon'ble Court deems fit, just and proper under the facts and circumstances of the case."
3. As per the case of the petitioner, the claim of the petitioner under the scheme of Uttar Pradesh Mukhyamantri Sarvhit Kisan Bima has been rejected by opposite party no.3 i.e. the New India Insurance Company Limited in a most arbitrary and illegal manner only on the ground that petitioner's claim was beyond the prescribed time of three months.
4. This court at Allahabad vide judgment and order dated 11.11.2020 passed in Writ -C No.15983 of 2020 has held in the period of limitation for considering the claim of the petitioner shall be three years.
5. The petitioner has remedy of raising his grievance before District Magistrate who is the final authority with regard to grant of benefit of the scheme of Uttar Pradesh Mukhyamantri Sarvhit Kisan Bima.
6. The writ petition is accordingly disposed of with liberty to petitioner to approach opposite party no.2 i.e. District Magistrate, Sultanpur. In case the petitioner prefers any application/representation in this regard, it is expected that the opposite party no.2 i.e. District Magistrate will consider and decide the same in accordance with law expeditiously on merits treating the claim to be within limitation.
Order Date :- 26.7.2021
prateek
