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Smt Shyama Devi vs State Of U P And Others

High Court Of Judicature at Allahabad|21 August, 2019
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JUDGMENT / ORDER

Court No. - 32
Case :- WRIT - C No. - 27155 of 2019 Petitioner :- Smt. Shyama Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atmaram Singh Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Atmaram Singh, learned counsel for the petitioner and Sri Gaurav Singh, learned Standing Counsel.
The grievance of the petitioner is that her husband Late Kunwar Bahadur died. A copy of the death certificate dated 15.10.2017 indicating therein that he died on 09.10.2017 is on the record. He was a marginal farmer and was insured under the scheme of Mukhyamantri Kisan Evam Samuhik Bima Yojana. The claim of the petitioner has been rejected by the respondent No.3.
Our attention has been drawn to an order dated 31.8.2018 passed by this Court in Writ-C No. 28989 of 2018 (Rajbeti v. State of U.P. And 4 Others) on similar facts. Relevant part of the said order is extracted below:
"The aforesaid scheme vide paragraph 21 provides for adjudication/resolution of such dispute regarding the non- admissibility of the claim by the District Level Committee to be headed by the District Magistrate.
In view of the aforesaid provision contained in the scheme, we dispose of the writ petition with liberty to the petitioner to rise her grievance before the District Magistrate who shall get it considered by the District Level Committee and on verification of the necessary facts that the grievance of the petitioner be resolved most expeditiously, if possible within two months and ensure payment of compensation if so admissible to the petitioner accordingly.
The petition is disposed of. "
Learned Standing Counsel submits that a District Level Committee has been constituted under the said scheme and the petitioner can approach the said Committee within a reasonable time.
Having heard learned counsel for the petitioner and after perusal of the record, we grant liberty to the petitioner to raise her grievance before the Chairman, District Level Committee constituted under the scheme. In the event the petitioner moves such an application within a month, same shall be considered by the District Magistrate in accordance with law expeditiously, preferably within two months from the date of communication of this order.
The writ petition is, accordingly, disposed of. No order as to costs.
Order Date :- 21.8.2019 A. Dewal
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Title

Smt Shyama Devi vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
21 August, 2019
Judges
  • Shashi Kant Gupta
Advocates
  • Atmaram Singh