Allahabad High Court
Rubina Bano vs State Of U.P. Thru. Prin. Secy. ... on 15 March, 2021
Bench: Ritu Raj Awasthi, Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- MISC. BENCH No. - 6595 of 2021
Petitioner :- Rubina Bano
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue,Lko.& Ors.
Counsel for Petitioner :- Mukesh Singh,Abhay Raj Singh
Counsel for Respondent :- C.S.C.,Zafar Aziz
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Manish Mathur,J.
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 and Mr. Zafar Aziz, learned counsel appearing for opposite party no.3.
The instant writ petition has been filed seeking the following relief:
"(i.) Issue a writ, order or direction in the nature of Mandamus commanding to the opposite party no.2, to decide the petitioner's representation dated 07.01.2020 in the light of judgment in Writ-C N.15983 of 2020 in re Gautam yadav vs. State of U.P. & 3 others, which is preferred against the rejection order dated 25.03.2019 passed by opposite party no.3, by which claim of the petitioner rejected on the ground of the delay in filing the application of the claim under "Smajwadi Kisan Evam Sarvhit Bima Yojana".
(ii) Issue a writ, order or direction in the nature of Mandamus commanding to the opposite parties to release the payment to the petitioner under the Mukhyamantri Kisan Evam Sarvhit Bima Yojana.
(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.
(iv) Cost of the writ petition may also be awarded to the petitioner."
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 time prescribed of three months.
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.
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.
The writ petition is accordingly disposed of with liberty to petitioner to approach opposite party no.2 i.e. District Magistrate, Ayodhya. 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.
(Manish Mathur,J.) (Ritu Raj Awasthi,J.)
Order Date :- 15.3.2021
Subodh/-
