This petitioner filed a writ petition seeking quashing of a rejection order by a review committee regarding her late husband's claim under the Mukhyamantri Krishak Durghatna Kalyan Yojana. The court granted time to file counter-affidavits and listed the matter for future hearing.
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Court No. - 3
Case :- WRIT - C No. - 6340 of 2024 Petitioner :- Smt. Asha Devi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue U.P. Lko. And 2 Others Counsel for Petitioner :- Rinku Verma,Anjali Verma Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
(1) Heard the learned counsel for the petitioner and the learned Standing counsel who appears for the Staterespondents nos.1, 2 & 3.
(2) This petition has been filed by the petitioner for the following main prayer:-
"(i) issue a writ, order or direction in the nature of certiorari to quash the order dated-05-05-2022 (Annexure No.-1 to the writ petition) passed by the review committee under the chairmanship of respondent No.-3 i.e. District Magistrate, District-Pratapgarh by means of which the claim of the petitioner's husband Late Girdhari Lal Prajapati under the "Mukhyamantri Krishak Durghatna Kalyan Yojana" was wrongly rejected/declared ineligible by the committee headed by the respondent no.-3 with the objection that 'the deceased did not have any land in his name, he did not do any agriculture work as a dependent and he did not do agriculture work on sharecropper.' Whereas the deceased Late Gridhari used to support his family by farming on the agriculture land registered in the name of Shyamkumar son of Chedilal, resident of villageMahiyamau, Sasupur, Jethwara, Tehsil-Kunda, District-Pratapgarh of Khata number No. 184, Gata No.-860, total area 0.8010 hectare, situated in Village- Mahiyamau, Tehsil-Kunda, District-Pratapgarh as a sharecropper farmer. The source of livelihood of the petitioner's family is income from agriculture, which fulfills the conditions of Uttar Pradesh Government circular dated 24-02-2020 under the coverage of the scheme; Thus, the claim of the petitioner is tenable & payable "Mukhyamantri Krishak Durghatna Kalyan Yojana" on account of death of petitioner's husband Late Girdhari Lal Prajapati, in the interest of justice."
(3) Let counter affidavit be filed by the respondents within a period of four weeks. Two weeks' time thereafter is given to the petitioner to file her rejoinder affidavit.
(4) List this matter on 05.09.2024 .
Order Date :- 25.7.2024 N.PAL
Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the claim of the petitioner's deceased husband under the Mukhyamantri Krishak Durghatna Kalyan Yojana is tenable despite lack of land in his name.
1 provisions across 1 enactments
Smt. Asha Devi
State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue U.P.
Sangeeta Chandra
Shree Prakash Singh
As recorded by the court registry
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