Court No. - 40
Case :- WRIT - C No. - 17914 of 2021 Petitioner :- Smt. Rajrani Devi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pramod Kumar Srivastava,Shiv Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The claim of the petitioner for the benefit of Mukhyamantri Kisan Evam Sarvahit Beema Yojna appears to have been rejected by the Insurance Company on the ground that the claim was not made within three months.
Learned counsel for the petitioner submits that a Division Bench of this Court in the case of Gautam Yadav v. State of U.P. and others (Writ C No. 15983 of 2020, dated 11.11.2020) has held that period of limitation of three months under the scheme is unreasonable and the State Government should take decision to appropriately amend the limitation clause of the scheme and till such amendment is made, the limitation period for making the claim may be treated as three years.
The learned Standing Counsel submits that under the Scheme, the final decision making body is the District Level Committee, chaired by the District Magistrate of the district concerned and therefore, the petitioner may make a representation to the respondent no.4 (District Magistrate, Kaushambi), who may take an appropriate decision in the matter with reference to other members of the District Level Committee.
Learned counsel for the petitioner submits that already such a representation has been made and therefore, the petitioner has sought a direction upon the respondents to consider and decide the same expeditiously.
In view of the above, without expressing any opinion on the merits of the claim of the petitioner, we dispose off this petition by giving liberty to the petitioner to file a comprehensive representation before the fourth respondent (District Magistrate, Kaushambi) in respect of her claim by annexing therewith all the relevant documents which are necessary for maintaining the claim. If any such representation is filed within three weeks from today, the fourth respondent shall take up the issue as part of the District Level Committee and take appropriate decision thereupon, preferably, within next eight weeks, after giving opportunity of hearing to the Insurance Company.
Order Date :- 13.8.2021 Sunil Kr Tiwari