Munni vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 18618 ALL

Citation : 2022 Latest Caselaw 18618 ALL
Judgement Date : 23 November, 2022

Allahabad High Court

Munni vs State Of U.P. Thru. Prin. Secy. ... on 23 November, 2022

Bench: Attau Rahman Masoodi, Om Prakash Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 8301 of 2022
 

 
Petitioner :- Munni
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Of Civil Secrt. U.P. Lko. And Others
 
Counsel for Petitioner :- Janendra Kumar Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the petitioner and Sri Manjeive Shukla, learned Additional Chief Standing Counsel for the State.

The petitioner's claim under Mukhyamantri Krishak Durghatna Kalyan Yojna has been rejected on the sole ground that the claim presented by her is beyond the period of limitation. The death of the petitioner's husband took place on 09.11.2020 whereas the claim was presented on 21.01.2021 through registered post. The impugned order states that the claim was since presented beyond the period of limitation i.e. 75 days, therefore, the same was not approved and has been rejected.

Learned counsel for the petitioner has submitted that the period of limitation was available to the petitioner in view of the judgment passed by the Apex Court in suo moto No. 3 of 2020 the justification mentioned in the impugned order for rejection of the claim is therefore, hit by the Apex Court's judgment and the claim deserves to be considered on merit.

The ground raised has force and deserves acceptance and, therefore, the impugned order passed by the opposite party no. 2 is accordingly set aside and the matter is remanded to the authority concerned for recosideration of the same on merit.

This exercise shall be done within a period of three months from the date of production of a copy of this order along with the application.

We may also observe that even as per paragraph 11(ra) of the scheme, on discovery of new facts by the petitioner in support of her claim reconsideration is maintainable against the adjudication order. In the present case, however, since the period of limitation is available to the petitioner in terms of the Apex Court's judgment, therefore, reconsideration of the petitioner's claim on merit is must.

The writ petition is accordingly disposed of.

Order Date :- 23.11.2022

Pradeep/-