Smt. Geeta Devi Vs State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. and Others

Court No. - 2

Case :- WRIT - C No. - 1885 of 2023

Petitioner :- Smt. Geeta Devi Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. And Others Counsel for Petitioner :- Mulayam Singh Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for the petitioner and learned State Counsel.

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This petition challenges the decision of the respondents, whereby claim of the petitioner under Mukhyamantri Krishak Durghatna Kalyan Yojana has been rejected.

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From perusal of Annexure-1, which is dated 3.2.2023, and its reply given by the petitioner under Right to Information Act, it appears that the claim of the petitioner was rejected by the District Magistrate by means of an order dated 2.5.2022, as the claim was barred by time.

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It has been argued by learned counsel for the petitioner that the application of the petitioner has been rejected on the ground of it having been filed with delay, whereas this Court in Writ-C No.1591 of 2022 has looked into the question of delay caused due to Covid-19 pandemic placing reliance upon the observation made by the Hon'ble Supreme Court in Suo Moto Writ Petition (C) No.03 of 2020 and issued direction to exclude from the period of limitation provided under the Statutes and the period as was elapsed due to Covid-19 pandemic.

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Thus, the decision of the District Magistrate whereby claim of the petitioner has been rejected, is hereby quashed and the District Magistrate is directed to consider the claim of the petitioner on merits afresh, within a period of 2 months from the date of production of a certified copy of this order.

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The writ petition stands disposed of in the aforesaid terms.

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( Subhash Vidyarthi, J. ) ( Devendra Kumar Upadhyaya, J. )

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Order Date :- 3.3.2023 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Smt. Geeta Devi v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. and Others

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Smt. Geeta Devi v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. and Others

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