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Allahabad High Court

RAJ KUMARI DEVIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The rejection of the claim solely on the ground of being time‑barred cannot be sustained and the order is quashed.

Summary

Petitioner Raj Kumari Devi filed a writ petition seeking to quash a District Magistrate's order dated 7 September 2024 that rejected her claim for Rs.5 lakh under the Mukhyamantri Krishak Durghatna Kalyan Yojna on the ground that the claim was time‑barred. She also prayed for a mandamus directing the authority to provide the financial assistance. The respondent argued that the scheme permits a maximum filing period of 75 days (45 days plus a one‑month extension) and that the claim fell outside this period. The Court, relying on the earlier decision in Smt. Mira Devi v. State of U.P. and the Supreme Court’s ruling in The Oriental Insurance Co. Ltd. v. Sanjesh, held that the claim must be examined on its merits and that a procedural time‑bar alone could not justify dismissal. Consequently, the Court quashed the impugned order and remitted the matter to the District Magistrate/Collector to decide the claim afresh within two months. The writ petition was allowed.

Issues considered

  • What is the appropriate period for filing a claim under the Mukhyamantri Krishak Durghatna Kalyan Yojna?
  • Whether a claim rejected solely on the ground of being time‑barred can be sustained without consideration of merits.

Subjects

  • ex‑gratia compensation
  • time‑bar
  • Mukhyamantri Krishak Durghatna Kalyan Yojna
  • writ of certiorari
  • mandamus
  • delay condonable
  • administrative law

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

                             WRIT - C No. - 17991 of 2025

Raj Kumari Devi
                                                                  .....Petitioner(s)
                                        Versus
State Of U.P. And 2 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)           :   Narendra Pratap Kushawaha, Parashuram
                                        Barnawal
Counsel for Respondent(s)           :   C.S.C.

Court No. - 5
                            HON'BLE PRAKASH PADIA, J.
                            HON'BLE VIVEK SARAN, J.

1. Heard Sri Narendra Pratap Kushwaha, learned counsel for the petitioner
and learned Standing Counsel for the State-Respondents.

2. Present writ petition has been filed, inter-alia, with the following prayers:-

      "(I) Issue a writ, order or direction in the nature of certiorari to
      quash the order dated 7.9.2024 passed by the District
      Magistrate/respondent no.2 without considering the material
      facts, circumstances and evidences of the case, whereby the claim
      of the petitioner with regard to payment of amount of Rs.5 lakh
      under 'Mukhyamantri Krishak Durghatna Kalyan Yojna' has been
      rejected on the ground of latches.

      (II) Issue a writ, order or direction in the nature of
      mandamus commanding the respondent no.2 to provide financial
      assistance to the petitioner under the 'Mukhyamantri Krishak
      Durghatna Kalyan Yojna' formulated by the State Government
      vide Government Order dated 28.02.2020 within stipulated time
      to be fixed by this Hon'ble Court."

3. Learned counsel for the petitioner submitted that the respondent no.2 has
rejected the claim of the petitioner for grant of ex-gratia compensation under
the scheme 'Mukhyamantri Krishak Durghatna Kalyan Yojana' vide
order dated 7.9.2024 only on the ground that the claim was time barred and
has not addressed on the merits of the claim. He has placed reliance upon the
judgement and order dated 6.1.2023 passed by coordinate Bench of this
Court in the case of Smt. Mira Devi Vs. State of U.P. and 2 others, Writ-
C No.33874 of 2023, Neutral Citation No.2023:AHC:212770-DB, wherein
this Court while relying on the judgement and order dated 11.3.2022 passed
                                                                                              WRIC No. 17991 of 2025
                                                                     2

                                    by Hon'ble the Supreme Court in the case of The Oriental Insurance
                                    Company Ltd. Vs. Sanjesh & another), Special Leave Petition (C)
                                    No.3978 of 2022, (2022) LawSuit (SC) 343 has held that the delay was
                                    condonable, copy of the said order produced by learned counsel for the
                                    petitioner is taken on record.

                                    4. Per contra, learned Standing Counsel has stated that there is a time limit of
                                    45 days which in special circumstances can be extended by further period of
                                    one month, therefore, the maximum time for presentation of such claim is 75
                                    days and relies upon Clause 10 of the said scheme dated 24.2.2020,
                                    however, he could not dispute the correctness of judgement rendered by this
                                    Court in Re. Smt. Mira Devi (Supra).

                                    5. Having heard learned counsel for the parties and having perused the
                                    record, we find that the sole reason for rejection of the claim of the petitioner
                                    is beyond the time prescribed under the said yojana. This Court in Re. Smt.
                                    Mira Devi (Supra) while relying on the judgement passed by the Hon'ble
                                    Supreme Court in Oriental Insurance Company Ltd. (Supra) was of the
                                    opinion that the matter required to be addressed on merits by the competent
                                    authority.

                                    6. Thus in view of the aforesaid discussions, we are of the considered
                                    opinion that the rejection of claim of the petitioner by the order impugned
                                    dated 7.9.2024 solely on the ground of being time barred, cannot be
                                    sustained and as such is hereby quashed.

                                    7. The matter is remitted back to the Respondent no.2/District
                                    Magistrate/Collector,Kushinagar to decide the claim of the petitioner afresh
                                    on its merit and as per law within a period of two months from the date of
                                    production of certified copy of this order.

                                    8. The writ petition stands allowed in terms of the aforesaid order.

                                    9. No order as to cost.

                                    September 16, 2026
                                    Gaurav Kuls
                                                                                (Vivek Saran,J.) (Prakash Padia,J.)




Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad


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