Hon'ble Manish Mathur,J.
Notice on behalf of opposite parties 1 and 3 has been accepted by learned Additional Chief Standing Counsel. For the order proposed, we do not deem it necessary to issue notice to opposite party No.2. Notice to opposite party No.2 is dispensed.
Heard learned counsel for parties and perused the record.
Writ petition has been filed seeking following reliefs:-
" I. Issue a Writ, order or direction in the nature of Mandamus to direct the Respondent No.2 and 3 to grant the benefits of the scheme being 'Mukhyamantri Kisan Avam Sarvahit Beema Yojna' as the husband of the Petitioner had died accidental death.
II. Issue a Writ, order or direction in the nature of Mandamus thereby directing the Respondent No.2 and 3 to reconsider the representation/application of the 11/01/2021 (as contained in Annexure-1) and decide fresh on the prayer made by the Petitioner under the social welfare scheme of the Uttar Pradesh Government, namely 'Mukhyamantri Kisan Avam Sarvahit Beema Yojna', in the interest of justice;
III. Issue a Writ, order or direction thereby setting aside order dated 15/05/2019 the Respondent No.2, whereby they dismissed the claim of the Petition under 'Mukhyamantri Kisan Avam Sarvahit Beema Yojna', on the ground that as per post mortem report immediate cause of death is 'cardio respiratory arrest due to lung disease', in the interest of justice. "
Learned counsel for petitioner submits that husband of petitioner who was a farmer had died in an accident. The petitioner having no earning person in his family has applied for benefit of 'Mukhyamantri Kisan Avam Sarvahit Beema Yojna' scheme. The required formalities were also completed while applying for the said benefit, however the claim of the petitioner has been rejected by opposite party No.2 vide letter dated 15.5.2019 on the ground that the cause of death mentioned in the post mortem report is 'lung disease', as such petitioner is not entitled for the benefit under the said scheme.
We have considered the submissions and gone through the record.
Learned Standing Counsel has informed that the district magistrate is the final authority in this regard and he can look into the grievance of petitioner as to whether her claim has been rightly considered by the respondent-insurance company or not.
In this view of the matter, the writ petition is finally disposed of with liberty to petitioner to make a fresh representation before the opposite party No.3 i.e. District Magistrate Sultanpur who may look into the matter and take appropriate decision in accordance with law say within a period of six week from the date a certified copy of this order along with a copy of representation is produced before him.
Order Date :- 11.2.2021 prabhat