Court No. - 21
Case :- WRIT - C No. - 6643 of 2019 Petitioner :- Kitabun Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijai Kumar Rai,Ashutosh Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Civil Misc. Correction Application No. nil of 2019 is allowed. The office is directed to change the district Gorakhpur in place of Maharajganj.
The petitioner claims that she was entitled to a claim under the scheme floated by the State Government known as Mukhyamantri Kisan Evam Servahit Beema Yojana.
The facts leading to the filing of the present writ petition are that the husband of the petitioner Sri Ajamat Ali died on 26.07.2017 in a road accident for which a first information report was also lodged on 26.07.2017 at P.S. Pharendra, District Maharajganu. On account of death of her husband the petitioner filed a claim petition under the scheme of Mukhyamantri Kisan Evam Servahit Beema Yojana. However, the respondent no.4 has rejected the said claim holding that the age of the deceased at the time of accident was 72 years and the entitlement of the scheme is for the person who died in between 18 years upto 70 years.
The petitioner claims that as per Voter ID and the post mortem report, the age of the deceased was not 72 years and as such the rejection of the claim by respondent no.4 is wholly arbitrary.
Under the said scheme the District Magistrate is authorized to take a decision with regard to the rejection of the claim by the insurance company. In view of the said provision, we direct the petitioner to approach the District Magistrate to file a fresh application within two weeks from today along with a certified copy of this order and the District Magistrate shall pass an order on the application of the petitioner within a period of two months from the date of production of a certified copy of this order.
It is made clear that we have not expressed our opinion on the merit of the case and the District Magistrate shall pass an appropriate order independently in accordance with law.
With the aforesaid direction the writ petition is disposed of.
Order Date :- 26.2.2019 MAA/-