Rajasthan High Court - Jodhpur
Smt. Phoola Bai vs State Of Rajasthan on 13 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4916/2022
Smt. Phoola Bai W/o Late Prahlad, Aged About 22 Years, By
Caste- Banjara, Resident Of Simal Hedi, Tehsil- Ladpura, District-
Kota, At Present R/o Village- Banar, Tehsil And District- Jodhpur
(Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Govt. Of
Rajasthan, Jaipur.
2. The Secretary, Disaster Management And Relief
Department, Govt. Of Rajasthan, Jaipur.
3. District Collector, (Disaster Management And Relief),
Jodhpur.
4. Tehsildar, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Ramniwas Choudhary
For Respondent(s) : Mr. Sandeep Shah, AAG assisted by
Mr. Lakshya Pagaria
Ms. Akshiti Singhvi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
13/05/2022
This writ petition is preferred by the petitioner being
aggrieved with the order dated 05.08.2021 (Annex.-5) passed by
the Teshildar, Jodhpur whereby, her application seeking
compensation under the scheme of Mukhyamantri Sahayata Kosh
on account of death of her husband in an accident on 19.01.2021
has been rejected.
As per the scheme of Mukhyamantri Sahayata Kosh, the
State is providing compensation to the tune of Rs.1,00,000/- to
(2 of 3) [CW-4916/2022]
the dependents of a person, who is died in an accident and
application seeking compensation under the aforesaid scheme is
required to be filed within a period of six months from the date of
death of the person.
In the present matter, the petitioner has filed application
seeking compensation under the scheme of Mukhyamantri
Sahayata Kosh on 22.07.2021. Admittedly, the application filed by
the petitioner is barred by limitation as the same was filed after
expiry of six months from the death of her husband.
The Tehsildar concerned vide order dated 05.08.2021 has
dismissed the application filed by the petitioner on 22.7.2021 as
being time barred by three days.
Learned counsel for the petitioner has submitted that the
petitioner could not move application under the scheme of
compensation of Mukhyamantri Sahayata Kosh on account of
Covid situation. It is further submitted that the application was
filed by the petitioner only with a delay of three days and looking
to the overall facts and circumstances of the case, the delay in
filing the application ought to have been condoned by the
respondent-Tehsildar, but has illegally rejected the application
(Annex.5) filed by the petitioner.
Mr. Sandeep Shah, learned AAG has submitted that since the
petitioner has filed the application with a delay, the respondent-
Tehsildar has not committed any illegality in rejecting the same
vide impugned order.
Heard learned counsel for the parties and perused the
material available on record.
It is not in dispute that the petitioner's husband died on
20.1.2021 in a road accident, which took place on 19.01.2021. It
(3 of 3) [CW-4916/2022]
is also not in dispute that during January, 2021 to July, 2021, the
Covid situation in the State was also grave.
The Hon'ble Supreme Court vide order dated 10.1.2022
passed in Miscellaneous Application No.21 of 2022 in
Miscellaneous Application No.665 of 2021 in Suo Motu Writ
Petition (C) No.3 of 2020 has extended the period of limitation
from time to time up to 28.02.2022.
Having gone through the representation filed by the
petitioner before the Secretary to Hon'ble the Chief Minister, this
Court is of the opinion that the petitioner has satisfactorily
explained the delay in filing the application.
In view of the above discussion, this writ petition is allowed.
The respondent No.3 is directed to decide the application filed by
the petitioner for compensation under the Mukhyamantri Sahayata
Kosh afresh within a period of two weeks from the date of
production of certified copy of this order while treating the same
within limitation.
Stay petition stands disposed of.
(VIJAY BISHNOI),J
203-mohit/-
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