Smt. Priyanka Devi vs State Of U.P. And 2 Others
2021 Latest Caselaw 6879 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 13769 of 2021
 

 
Petitioner :- Smt. Priyanka Devi
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vidya Kant Shukla
 
Counsel for Respondent :- C.S.C.,Siddarth Jaiswal
 

 
Hon'ble Manoj Misra,J.

Hon'ble Dinesh Pathak,J.

Heard learned counsel for the petitioner; the learned Standing Counsel for the respondents 1 and 2; Sri Siddharth Jaiswal for the respondent no.3; and perused the record.

The grievance of the petitioner is that her claim under the Mukhyamantri Kishan Sarvahit Beema Yojna has been arbitrarily rejected by the third respondent (Insurance Company) as barred by limitation inasmuch as it was filed after six months from the date of death of the person concerned.

Learned counsel for the petitioner has submitted that a Division Bench of this Court in Writ C No. 15983 of 2020 (Gautam Yadav v. State of U.P. and others) has taken a view that the period of limitation for making a claim should be considered as three years and, therefore, the claim of the petitioner ought not to have been rejected as barred by limitation.

Learned Standing Counsel has informed the Court that the District Magistrate is the final authority in the district and he can take a decision on the claim of the petitioner after hearing the Insurance Company.

Considering the nature of the prayer made in this petition, without expressing any opinion on the merits of the claim, we deem it appropriate to dispose off this petition by giving liberty to the petitioner to make a comprehensive representation before the District Magistrate, Shahjahanpur annexing therewith all the relevant documents including the judgment of this Court in Writ C No. 15983 of 2020 (supra). If any such representation is filed within four weeks from today, the same shall be addressed and decided by passing a speaking order after giving opportunity of hearing to the parties concerned including the Insurance Company, preferably, within next two months.

Order Date :- 30.6.2021

Sunil Kr Tiwari