Allahabad High Court
Smt. Sukhraniya vs State Of U.P. And 2 Others on 4 January, 2024
Bench: Anjani Kumar Mishra, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:1412-DB
Court No. - 3
Case :- WRIT - C No. - 44694 of 2023
Petitioner :- Smt. Sukhraniya
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Shams Uz Zaman,Imaran Ahmad
Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Hon'ble Jayant Banerji,J.
1. This petition has been filed seeking the following relief:
"a) Issue an appropriate writ, order or direction in the nature of Certiorari calling for the records of the case and quashing the impugned order dated 08.01.2022 passed by respondent no. 2.
b) Issue an appropriate writ, order or direction in the nature of Mandamus commanding the Respondent no. 2 and or his subordinate officers to compliance the G.O. dated 02.03.2020."
2. It has been submitted that in identical circumstances, an order has been passed by a Coordinate Bench in Writ-C No. 23512 of 2023 (Smt. Rani Devi Vs. State of U.P. and 2 others), a copy of which judgment is annexed at Annexure No. 4 to the writ petition at page 29 of the paperbook. The order is quoted below:
"1. Heard learned counsel for the petitioner and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondent.
2. The present writ petition has been preferred for quashing the order impugned dated 23.08.2022 passed by the third respondent, whereby, claim of the petitioner for ex gratia payment under the 'Mukhya Mantri Krishak Durghatna Kalyan Yojna' has been rejected.
3. In support of his submission, learned counsel for the petitioner has placed reliance upon the judgment and order 18.5.2023 passed by coordinate Bench in Writ-C No. 16906 of 2023 (Smt. Lakshmi Devi Vs. State of U.P. and 2 Others), wherein, the writ petition was allowed directing the District Magistrate, Kaushambi is directed to ensure that the payment of Ex gratia amount to the petitioner under the aforesaid Scheme is paid within two weeks from the date of submission of a certified copy of the order. For ready reference, the order dated 18.5.2023 is reproduced herein below.
"1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Undisputedly, the petitioner's husband died in an accident by Rail on 7.05.2021 while crossing the railway line. Her wife submitted an application for ex gratia payment under the 'Mukhya Mantri Krishak Durghatna Kalyan Yojna' dated 2.03.2020.
3. The respondent No.3, i.e. Sub Divisional Magistrate, Sirathu, Kaushambi recommended for the payment of Ex gratia amount of Rs.5 lacs to the petitioner on the ground that the deceased was a farmer and he died in a rail accident on 7.5.2021. However, respondent No.2 without any responsibility, remitted back the matter to the respondent No.3 by order dated 5.08.2021 for submitting fresh report observing that crossing of railway line is a punishable offence under section 147 of the Railway Act, 1989.
4. We find that section 147 of the Railway Act, 1989 has no relevance on the facts of the present case inasmuch as Ex gratia payment under the Mukhya Mantri Krishak Durghatna Kalyan Yojna' is governed by the Scheme dated 28.02.2020 brought by the State Government, which covers death in a rail accident.
5. In view of the aforesaid, the writ petitioner is allowed and the impugned order dated 5.08.2021 passed by respondent No.2/ Additional District Magistrate (F & R), Kaushambi is quashed. The District Magistrate, Kaushambi is directed to ensure that the payment of Ex gratia amount to the petitioner under the aforesaid Scheme is paid within two weeks from the date of submission of a certified copy of this order."
4. In this backdrop, learned counsel for the petitioner states that the present matter is squarely covered by the aforesaid judgment and the similar treatment may also be extended to the petitioner.
5. The above said argument of learned counsel for the petitioner is not being disputed by learned Additional Chief Standing Counsel.
6. The writ petition is accordingly allowed in terms of Smt. Lakshmi Devi (supra). The impugned order dated 23.08.2022 passed by the third respondent is quashed. The District Magistrate, Kaushambi is directed to ensure that the payment of Ex gratia amount to the petitioner under the aforesaid Scheme is paid within two weeks from the date of submission of a certified copy of this order."
3. Under the circumstances, since it is not disputed by learned Standing Counsel that the facts of the instant case are almost identical to that in the case of Smt. Rani Devi (supra), this petition is allowed in terms of the judgment passed in the case of Smt. Lakshmi Devi Vs. State of U.P. and 2 others relied upon in the judgment quoted above. The impugned order dated 8.1.2022 passed by respondent no. 2 is quashed. The District Magistrate, Kaushambi is directed to ensure that the payment of Ex-gratia amount to the petitioner under the aforesaid scheme is paid within two weeks from the date of submission of a certified copy of this order.
Order Date :- 4.1.2024
A. V. Singh
