The High Court disposed of a writ petition challenging the rejection of a widow's claim under a Kisan Bima Yojna due to the deceased husband's alleged age exceeding 70 years, directing the petitioner to approach respondent 2 with grievances.
Liberty to submit an application before respondent no. 2 with grievances within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 3
Case :- WRIT - C No. - 8430 of 2021
Petitioner :- Smt.Chameli Devi Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Amit Kumar Sinha,Deepali Srivastava Sinha Counsel for Respondent :- C.S.C.,Komal Mehrotra
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State/respondents.
This Court on 18.06.2021 passed the following order:-
"Petitioner is the widow of the deceased Masuriyadin who died on 27.01.2019 after he received injuries in a fire accident on 21.01.2019. According to the petitioner, her deceased husband was aged about 62 years at the time of his death. However the claim of the petitioner under the Mukhyamantri Kisan Evam Sarvhit Bima Yojna has been rejected by the respondent no. 3 on the ground that the age of the deceased was more than 70 years at the time of his death.
Learned counsel for the petitioner submits that the reasons given in the impugned order dated 03.01.2020 to reject the claim of the petitioner is totally groundless and is contrary to the age certificate issued by the Block Development Officer on the basis of the family register in which the age of the deceased is recorded as 62 years as on 27.01.2019.
Learned Standing Counsel prays for and is granted a week's time to obtain instructions or to file a counter affidavit.
Put up as a fresh case before the appropriate bench on 28th June, 2021".
Today, learned Standing states on instruction that petitioner may approach the respondent no.2 along with copy of the application and respondent no.2 shall take appropriate action in accordance with law.
In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, this writ petition is disposed of giving liberty to the petitioner to submit an appropriate application before the respondent no.2 along with copy of this order, raising all the grievances within four weeks from today and in the event such an application is submitted, the respondent no.2 shall pass appropriate order in accordance with law.
Order Date :- 1.7.2021 T.S.
Smt. Chameli Devi
State Of U P
2 Others
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
