Sitabul Bano vs State Of U.P.Thru Secy. Revenue ...
2021 Latest Caselaw 4481 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- MISC. BENCH No. - 8221 of 2021
 

 
Petitioner :- Sitabul Bano
 
Respondent :- State Of U.P.Thru Secy. Revenue Deptt. Lko & Ors.
 
Counsel for Petitioner :- Ravindra Singh,Satyendra Kumar,Sharad Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Alok Singh,J.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner and learned Standing Counsel for opposite parties no.1 to 3.

For the order proposed to be passed, there is no need to issue notice to opposite party no.4, as such, notice to opposite party no.4 is dispensed herewith.

Learned counsel for the petitioner submits that the claim of the petitioner under Samajwadi/ Mukhyamantri Kisan Evam Servahit Bima Yojna has been rejected by Insurance Company on the ground of limitation. Being aggrieved by the decision of Insurance Company, petitioner approached the opposite party no.3/ District Magistrate, Srawasi/Chairman, District Level Committee provided under the Scheme vide representation dated 15.02.2021 which is still pending.

It is further stated that the issue of limitation under the scheme has aleady been decided by this Court vide judgment and order dated 11.11.2020 passed in Writ Petition (c) No. 15983 of 2020( Gautam Yadav Vs. State of U.P.) The limitation for preferring the claim under the scheme is now three years.

It is also stated that District Level Committee headed by District Magistrate, Shrawasi may kindly be directed to consider and decide the representation of the petitioner dated 15.02.2021 within the stipulated time keeping in view the observations made by this Court in its judgment dated 11.11.2020.

Learned Standing Counsel has no objection to the submission made by learned counsel for the petitioner.

Without entering to the merit of the case, we dispose of the writ petition with the direction to opposite party no.3/ District Magistrate/ Chairman District Level Committee under the scheme to consider and decide the claim of the petitioner as preferred through representation dated 15.02.2021, annexed as annexure no.1 to the writ petition, within three months from the date of production of certified copy of this order. It is expected that opposite party no.3 while deciding the claim of the petitioner shall consider the law laid down by this Court vide its judgment and order dated 11.11.2020 passed in Writ Petition (c) No. 15983 of 2020( Gautam Yadav Vs. State of U.P.).

Order Date :- 23.3.2021

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