Rekha v. State of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. Lko. and 4 Others

Court No. - 3 Case :- WRIT - C No. - 11498 of 2023 Petitioner :- Rekha Respondent :- State Of U.P. Thru. Secy. Revenue Deptt. Civil Secrt. Lko. And 4 Others Counsel for Petitioner :- Kaushol Kishor Tiwari Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶1Heard learned counsel for parties.

¶2The present writ petition has been preferred by the petitioner with the following main prayer:- "i Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 25-11-2021 passed by District Magistrate on the basis of report dated 29-09-2021 contained as Annexure No.2 to this writ petition."

¶3The case of the petitioner is that the husband of the petitioner had expired on 29.8.2020 and the petitioner is entitled for the compensation under the Mukhyamantri Krishak Durghatana Kalyan Yojana, 2020. The petitioner has applied for her claim on 23.10.2021, which was rejected by District Magistrate/District Level Committee vide impugned order dated 25.11.2021 on the ground that the claim is time barred.

¶4Learned counsel for the State has submitted that there is no illegality in the order passed by District Magistrate/District Level Committee.

¶5After hearing learned counsel for the parties and going through the record of the case, we find that a Division Bench of this Court has passed a final order dated 16.03.2022 in Writ C No.1591 of 2022 (Pushpa Vs. State of U.P. through its Secretary, Revenue Department and another) taking into consideration the order of Hon'ble the Supreme Court in Suo Motu Writ Petition (C) No.3 of 2020 (In Re: Cognizance for Extension of Limitation) and another writ petition filed in public interest bearing No.564 of 2020 by this Court and based thereon it held that the period from March 15, 2020 till February 28, 2022 was to be excluded for computing the period of limitation provided for various proceedings. Based on it, considering the fact that scheme at hand provides for maximum period of 75 days for filing any application but the fact remains that period of delay on account of Covid-19 pandemic in filing application by the said petitioner has to be excluded, it quashed the order of the concerned authority dismissing the claim on the ground of limitation/delay and ordered for consideration of the application treating it to be within time, we are of the opinion that the petitioner being similarly situated is entitled to the benefit to the said order dated 16.03.2022 passed in Writ C No.1591 of 2022 as the husband of the petitioner expired on

29.8.2020 i.e., during the covid-19 pandemic and the period which has to be excluded in terms of the Division Bench judgement referred herein-above, therefore, the claim which was filed on 23.10.2021 has to be treated as within time, therefore, in this case also the impugned order rejecting the claim on account of delay/limitation cannot be sustained and is quashed.

¶6The District Magistrate, Raebareli is directed to consider the claim for payment of compensation under the scheme in accordance with law afresh treating the application of the petitioner to be within time.

¶7The writ petition is allowed. [Manish Kumar,J.] [Vivek Chaudhary,J.] Order Date :- 22.12.2023 Sachin High Court of Judicature at Allahabad, Lucknow Bench