ASHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) By way of present writ petition the petitioner has claimed for relief in the nature of writ, order or direction in the nature of certiorari quashing the impugned order dated 21.9.2006 (Annexure 8 to the writ petition) passed by District Magistrate Firozabad respondent No. 2 and further a mandate to respondent No. 2 to ensure payment of insured amount of Rs. 1,00,000 with interest as per scheme of the Government for which the petitioner is entitled.

(2.) In short, the contention of the petitioner is that her husband who was a villager and died on 3.2.2005 in road accident was entitled under the scheme of Kishan Accident Scheme to get compensation. The petitioner after obtaining death certificate on 17.3.2005 applied for compensation under the aforesaid scheme within the prescribed time. The application was duly moved within the stipulated time after the death. Despite the direction of the State Government to implement the insurance policy scheme to all the farmers who died in an unnatural manner in between the period from 16th September, 2004 to 16th September, 2005 and the case of the petitioner was fully covered within the stipulated period. The petitioner filed Writ Petition No. 41950 of 2006 in which the Hon'ble Court disposed of the petition directing the respondents to decide the petitioner's claim within a period of one month. The District Magistrate vide order dated 21.9.2006 rejected the claim of the petitioner in an illegal and arbitrary manner contending that the authority had not forwarded the papers or documents of the petitioner within time to respondent No. 5 and hence the insurance company has already rejected the claim of the petitioner on 19.7.2005. It is also directed that due to fault of authorities disciplinary action is being taken against the defaulting officials.

(3.) Heard learned Counsel for the parties and perused the record.