Court No. - 32
Case :- WRIT - C No. - 24453 of 2019 Petitioner :- Pushpendra Singh Kushwaha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Kumar Singh Rajawat Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
The writ petition, inter alia, has been filed for the following reliefs :-
"(i) a writ, order or direction in the nature of the Certiorari quashing the letter/order dated 7.2.2018 passed by the respondent no.3 (Annexure No.6 to the writ petition).
(ii) a writ, order of direction in the nature of Mandamus commanding the respondent nos.2 and 3 to pay the amount under the scheme of Mukhya Mantri Kisan Evam Sarvhit Bima Yojna to the petitioner with interest with stipulated time."
Learned counsel for the petitioner submits that wife of the petitioner namely Smt. Rama Devi, who was a farmer working with the petitioner in the agricultural field, died on 29.8.2017 due to snake bite. The petitioner has annexed the death certificate report as well post mortem report of his wife to the petition (annexed as Annexures No.3 and 4). It is further submitted that petitioner has filed the claim before respondent no.3 - Insurance Company, however, the same has been rejected, vide order dated 7.1.2018 (annexed as Annexure no.6 to the petition) on untenable grounds. It is next submitted that petitioner is entitled to get the claim under the Scheme of Mukhya Mantri Kisan Evam Sarvhit Beema Yojna.
The perusal of the said scheme reveals that in the event of any dispute pertaining to the wrongful rejection, the District Magistrate concerned is authorized to take a decision thereon.
Considering the facts and circumstances of the case, the petitioner is directed to approach respondent No.2, District Magistrate, Jhansi by means of an application, ventilating his grievances within 15 days from today along with a certified copy of this order enclosing therewith a copy of the writ petition and its annexures and, if any such application is made, respondent No. 2, District Magistrate, Jhansi shall look into the matter and take an appropriate decision in the matter, in accordance with law, expeditiously, preferably within a period of two months from the date of receipt of a certified copy of this order.
It is made clear that this Court have not entered into the merits of the case and it shall be decided by respondent no.2 - District Magistrate, Jhansi on its own merits.
With the above observations, this writ petition stands finally
disposed of.
Order Date :- 26.7.2019/Rishabh