Gayatri Devi vs District Magistrate Basti And 2 ...
2021 Latest Caselaw 6552 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 9492 of 2021
 

 
Petitioner :- Gayatri Devi
 
Respondent :- District Magistrate Basti And 2 Others
 
Counsel for Petitioner :- Ramesh Chandra Pathak
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Anil Kumar Ojha,J.

The petitioner's claim for benefit of Mukhyamantri Kisan Evam Sarvahit Bima Yojana has been rejected by the impugned order on the ground that the claim was presented after three months from the date of death.

According to the petitioner, the limitation period is to be considered three years as per the judgment of this Court in Gautam Yadav Vs. State of U.P. (Writ-C No. 15983 of 2020) dated 11.11.2020.

The learned Standing Counsel has submitted that the final decision making authority is the District Magistrate of the district concerned and therefore, the petitioner may move an application before the District Magistrate concerned for redressal of her grievance.

In view of the above, we deem it appropriate to dispose of this petition by giving liberty to the petitioner to represent her cause before first respondent (District Magistrate, Basti). If any such representation is filed within three weeks from today, along with this order, the same shall be considered and decided by the District Magistrate, Basti, in accordance with law, preferably, within a period of two months, after giving opportunity of hearing to the parties concerned including the Insurance Company.

It is made clear that we have not expressed any opinion on merits of the case.

Order Date :- 22.6.2021

CS