Dharma Devi vs State of U.P. Thru. Commissioner… — Writ and Judicial Review | Allahabad HC (2026)

Dharma Devi vs State of U.P. Thru. Commissioner… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Impugned order dated October 21, 2024 quashed and set aside; authorities directed to grant the petitioner an opportunity of hearing, permit additional documents if any, and pass a reasoned order in accordance with law within six weeks; writ petition disposed of with the above directions.

Issue for consideration

Whether the rejection of the petitioner's claim under 'Mukhyamantri Krishak Durghatna Kalyan Yojna' on the ground that her husband was not the bread earner was sustainable.

Court's answer

On perusal of the documents annexed to the writ petition, the Court found that the petitioner's husband was working in the fields of his father.

Ratio / Principle

The finding that the husband worked in the fields was buttressed by a certificate given in support of farming by the Gram Pradhan, and the khatauni mentions the name of the deceased's father as khatedar.

Key takeaways

The impugned order is perverse and based on extraneous reasons that are not supported by the actual facts in existence.ratio¶14
The impugned order dated October 21, 2024 is quashed and set aside.ratio¶18
The authorities concerned are directed to grant the petitioner an opportunity of hearing and to allow provision of additional documents, if any, and thereafter pass a reasoned order in accordance with law within six weeks.ratio

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India assailing order dated October 21, 2024 rejecting the petitioner's claim under 'Mukhyamantri Krishak Durghatna Kalyan Yojna' on the ground that her husband was not the bread earner. The Court found, on perusal of the documents annexed, that the petitioner's husband was working in the fields of his father, as buttressed by a certificate given in support of farming by the Gram Pradhan and by the khatauni mentioning the deceased's father as khatedar. Holding the impugned order perverse and based on extraneous reasons unsupported by the actual facts, the Court quashed and set aside the order dated October 21, 2024 and directed the authorities concerned to grant the petitioner an opportunity of hearing, permit additional documents if any, and pass a reasoned order in accordance with law within six weeks. Writ petition disposed of accordingly (Coram: Shekhar B. Saraf, J. and Manjive Shukla, J.; decided January 28, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 463 of 2026

Dharma Devi

.....Petitioner(s)

Versus

State Of U.P. Thru. Commissioner And Secy. Board Of Revenue And 2 Others

.....Respondent(s) Counsel for Petitioner(s) : Janendra Kumar Verma, Deepak Kumar Verma Counsel for Respondent(s) : C.S.C.

Court No. - 3

HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J.

Heard learned counsel for the parties.

This writ petition has been filed under Article 226 of the Constitution of India assailing order dated October 21, 2024, whereby application of the petitioner for claim made under 'Mukhyamantri Krishak Durghatna Kalyan Yojna' has been rejected by the respondent authorities.

The reason provided in the impugned order is that the petitioner's husband was not the bread earner, and accordingly, the claim would not fall within the parameters of 'Mukhyamantri Krishak Durghatna Kalyan Yojna'.

Upon perusal of the documents annexed to the writ petition, we find that the petitioner's husband was working in the fields of his father. This fact has been buttressed by a certificate given in support of farming by Gram Pradhan and the khatauni also mentions the name of the deceased's father as khatedar.

In view of above, we are of the view that the impugned order is perverse and based on extraneous reasons that are not supported by the actual facts in existence.

In light of above, impugned order dated October 21, 2024 is

WRIC No. 463 of 2026

2

quashed and set aside with direction to the authorities concerned to grant an opportunity of hearing to the petitioner as well as for providing additional documents, if any, and thereafter pass reasoned order in accordance with law within six weeks from the date.

With the above directions, writ petition is disposed of .

January 28, 2026 cks/-

(Manjive Shukla,J.) (Shekhar B. Saraf,J.)

Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench