HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, SWARUPAMA CHATURVEDI
Pramod Kumar – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. writ petition filed under article 226 seeks writ quashing rejection of claim. (Para 2 , 3 , 4) |
| 2. petitioner established lawful heir status and submitted complete documentation. (Para 5 , 6) |
| 3. accidental death confirmed, arbitrary rejection of claim noted. (Para 7 , 8) |
| 4. defender's argument lacked supporting evidence for dismissal. (Para 9 , 10) |
| 5. no evidence of suicide; arbitrary exercise of discretion observed. (Para 14 , 15) |
| 6. welfare schemes interpreted liberally to favor entitlement of petitioner. (Para 16 , 17) |
| 7. writ petition allowed; impugned order quashed; remand for fresh consideration. (Para 18) |
JUDGMENT :
Swarupama Chaturvedi, J.
1. Heard Sri Shams Uz Zaman, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State respondents.
2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking issuance of an appropriate writ, or direction in the nature of certiorari quashing the impugned order dated 24.06.2022 passed by the respondent no. 3, Sub-Divisional Magistrate, Bidhuna, District Auraiya, whereby the claim of the petitioner under the 'Mukhyamantri Krishak Durghatna Kalyan
Welfare schemes should be broadly construed to fulfill their objectives; evidence-based decisions are needed, avoiding arbitrary rejections.
The rejection of claims under welfare schemes must not be based on narrow interpretations but should consider the substantive relationship between the deceased's activities and their primary source o....
In farmer accidental death welfare schemes, claims cannot be barred by limitation if delay results from revenue officials' negligence; benefits demand liberal interpretation and condonation to fulfil....
The court established that procedural requirements should not impede justice when substantial evidence supports a claim.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.