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HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 17426 of 2026

Smt Sarita

.....Petitioner(s)

Versus

State of U.P. and Another

.....Respondent(s)

Counsel for Petitioner(s) : Ashwani Kumar Gupta, Om

Prakash Gupta

Counsel for Respondent(s) : C.S.C.

Court No. - 40

HON'BLE SARAL SRIVASTAVA, J.

HON'BLE GARIMA PRASHAD, J.

1. Heard learned counsel for the petitioner and Sri Arvind Singh,

learned Additional Chief Standing Counsel for respondent Nos.

1 and 2.

2. By means of present petition, the petitioner has assailed the

order dated 14.11.2025 passed by the District Magistrate,

Varanasi, by which he has rejected the claim of the petitioner for

grant of compensation under the scheme of Mukhya Mantri

Krishak Durghatna Kalyan Yojna.

3. It is contended by learned counsel for the petitioner that the

impugned order is bad and has been passed without application

of mind. The order refers to the report of District Level

Committee but this report was never supplied to the petitioner. It

is further contended that the impugned order has been passed

without any notice or by affording any opportunity of hearing

and without supplying the same. It is submitted that under the

aforesaid scheme the petitioner is entitled to compensation of

Rs.5,00,000/- because of death of her husband who was

agriculturist and died in an accident. Accordingly, it is

submitted that the impugned order cannot be sustained.

4. When the case was taken up, we confronted with Sri Arvind

Singh, learned Chief Standing Counsel as to how this order can

WRIC No. 17426 of 2026

2

be sustained. He sought adjournment for some time to seek

instructions in the matter.

5. The matter was taken up after lunch at 2 P.M. However, till

then, he could not seek instructions and he requested the Court to

grant some more time. Accordingly, the Court adjourned the case

till 4 P.M

6. Now, the matter is taken up, and we have perused the report of

District Level Committee produced by Sri Arvind Singh, learned

Additional Chief Standing Counsel. We are shocked to see the

manner in which the report has been prepared. We find that

notice or information was not given to the petitioner before

conducting the enquiry. The report also does not reflect that any

notice or information was given to the petitioner before

conducting the enquiry.

7. In the report at Serial No.3 under the heading ' it is stated

िववरण'

that '

मृतक रोशन प्ऴु चेखुर की आजीिवका का मख्ु य ्सोत राजिमस््ऴी के काय र् से

हुयी आय थी.'

8. It appears that the said statement has been made on the basis of

an exparte statement of Santosh Keshri. The statement of Santosh

Keshri does not reflect before which authority he has made such

statement.

9. It is pertinent to note that Santosh Keshri has filed an affidavit

stating therein that he has given his share of land in Arazi No.42

Rakba 0.613 hectare situated in Village Bagher, Pargana-

Kasarwar Raja, Tehsil Raja Talab, District Varanasi to the

deceased on 'Batai' on which, the deceased used to do farming

and used to earn his source of livelihood. Even in the

statement enclosed with the report of District Level Committee,

Santosh Keshri has categorically stated that deceased was doing

agriculture work on his land. He has further stated that the main

source of the livelihood of the deceased was mason.

10. We are shocked to see that an exparte statement has been

given precedence over the affidavit filed by Santosh Keshri. The

statement enclosed with the report is an exparte statement and

WRIC No. 17426 of 2026

3

same has not been supplied to the petitioner. The statement also

does not reflect that petitioner was present when the statement of

Santosh Keshri was recorded.

11. We find that report has been prepared in a very casual manner

and yet, it has been accepted by the officer of the rank of District

Magistrate, and relying upon such report, he has rejected the

claim of petitioner by one line order, which is reproduced herein

below:-

"

िदनांक 31 अक्टूबर 2025 को िजला स्तरीय सिमित ्षारा िलये गये िनणयर् के

्वम में ्ऺद्त अनुमोदन िदनांक 12 नवम्बर 2025 के