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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ATUL SREEDHARAN, SIDDHARTH NANDAN
Mala Devi – Appellant
Versus
State of U.P. a – Respondent
| Table of Content |
|---|
| 1. challenge to rejection of claim under benefits scheme. (Para 1 , 2) |
| 2. arguments regarding limitation period and delays in filing claims. (Para 3 , 4 , 5 , 6 , 17 , 18) |
| 3. analysis of reasonableness in limitation and public interest. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. condonation of delay and natural justice principles. (Para 26 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 5. directive for petitioner to file affidavit explaining delay. (Para 38 , 39) |
JUDGMENT :
SIDDHARTH NANDAN, J.
1. Heard Shri Ajeet Kumar Srivastav, Shri Amit Kumar Srivastava, Shri Kamal Kumar Singh, Shri Anil Kumar Yadav, Shri Prem Prakash Yadav learned counsel appearing on behalf of the parties. Sri Ansul Nigam, learned Standing Counsel for the State-respondents.
2. The present set of writ petitions have been filed challenging the orders by way of which the District Level Committee has rejected the claim of the petitioners, seeking the benefit of Mukhyamantri Krishak Durghatana Kalyan Yojana; and reasons assigned for the rejection of claim of all the petitioners are as follows:-
3. Counsel for the petitioner has attracted our attention to the Scheme, wherein under Clause-10 it has been
A claimant under the Mukhyamantri Krishak Durghatana Kalyan Yojana is entitled to explain delays in claim filing, with courts emphasizing principles of natural justice and reasonable interpretations ....
(1) Law of limitation is founded on public policy – Appeal which is preferred after expiry of limitation is liable to be dismissed.(2) Bar of limitation – Delay is not liable to be condoned merely be....
Inordinate delay of nearly two years not condoned due to lack of day-to-day explanation; natural disasters and administrative delays insufficient without proving diligence and bona fides, even for go....
The Court must balance the need for substantial justice against the necessity of adhering to procedural timelines, requiring satisfactory explanations for delays.
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
(1) Limitation – Condonation of delay – Phrase “within such period” signifies that period covered therein extends to not only original period within which, appeal or application, should have been fil....
The law of limitation applies equally to the State and private parties, with bureaucratic inefficiency not sufficient for condoning delay.
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