This High Court held that the petitioner's claim under a farmers' accident compensation scheme, initially misplaced by the implementing officer, was not time-barred. The Court directed authorities to decide the claim within six weeks.
The claim of the petitioner is to be considered as filed within limitation and a decision be taken within six 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.
Neutral Citation No. - 2023:AHC:178490-DB
Court No. - 40
Case :- WRIT - C No. - 30445 of 2023
Petitioner :- Smt. Preeti Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Utkarsh Birla Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
compensation of Rs.5 lakhs by the State Government. As per Clause 8 of the Scheme, the application is to be moved to the concerned District Magistrate. Apart from other conditions, as to the eligibility, one of the conditions of the scheme is that any applicant, claiming to be a farmer, should apply for the benefit under the said scheme within 45 days from the date of incident, extendable by further 30 days of the concerned District Magistrate, as per Clause 10. Clause 9 of the Scheme provides for furnishing the documentary proof like certified copy of the Khatauni, age and address proof, postmortem report/panchnama, death certificate, succession certificate, Aadhaar Card, copy of bank account passbook, photograph and mobile number etc. Clause 11 (Cha) of the scheme provides that the application is to be processed within 30 days and only in unavoidable cases further 15 days time may be accorded.
petitioner was filed well within time. Once the application of the petitioner was not processed, she made a complaint to the District Magistrate on 20.06.2023. On the said complaint, the District Magistrate, Hathras had made an endorsement and directed the Sub Divisional Magistrate, Sikandrarao to enquire into the matter and file a report within seven days. It also transpires from the record that during the course of enquiry, the statement of petitioner and other people such as Bhupendra Singh, Gram Pradhan, Shri Neeraj, Shri Anil Kumar, Shri Ram Dayal were recorded on 19.07.2023 indicating therein that erstwhile Lekhpal, Tehsil Sikandrarao, Hathras was responsible for misplacement of petitioner's file and also made an endorsement for initiation of disciplinary action against the then Lekhpal.
Order Date :- 15.9.2023 A. Pandey
Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner's delayed adjudication due to administrative negligence prevents her claim under the Mukhya Mantri Krishak Durghatana Kalyan Yojana from being time-barred.
Whether the respondents are directed to consider the claim within a fixed period despite the initial non-submission of the file.
Smt. Preeti
State Of U.P.
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
