Court No. - 40
Case :- WRIT - C No. - 19640 of 2021 Petitioner :- Smt. Prakashi Devi Respondent :- State Of U P And Another Counsel for Petitioner :- Santosh Kumar Srivastava,Alka Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The prayer in this petition is to command the second- respondent to consider the application of the petitioner claiming the benefit available under the Chief Minister Farmers Accident Welfare Scheme (for short 'scheme').
It appears that the petitioner's husband was murdered in an incident dated 05.05.2020 of which a first information report was lodged which has been registered as Case Crime No.116 of 2020, Police Station-Singhawali Ahir, District Baghpat.
According to the petitioner, the benefit of the scheme would be available even in a case of murder; and, in any view of the matter, the claim would have to be decided by the second- respondent.
The learned Standing Counsel submits that the benefit of the scheme may not be available in a case of murder as the scheme relates to accidental death.
Be that as it may, as the claim of the petitioner is yet to be adjudicated by the second respondent (District Magistrate), without expressing any opinion on the merit of the claim of the petitioner as also its maintainability under the scheme, we deem it appropriate to dispose of this petition by requiring the second-respondent (District Magistrate, Baghpat) to take a decision on the claim of the petitioner, preferably, within a period of eight weeks from the date of filing of a copy of this order alongwith a copy of the application already submitted by the petitioner.
Order Date :- 23.9.2021 SK