ORDER THE HON'BLE SRI JUSTICE C v. BHASKAR REDDY WRIT PETITION No
Case Details
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order/direction or any appropriate writ, more particularly one in the nature of WRIT OF MANDAMUS, declaring inaction of the respondents in the sanction of statutory exgratia relief of Rs.6.00 Lakhs only (Rupees Six lakhs only) from state Disaster Response Fund to the Petitioner herein, for the death of his daughter Chennaboina Rani, due to Thunderbolt on 17-04-2019, as per norms issued in G.O.Ms.No.2, Revenue (D.M-l) Dept, DT.19-07-2018, despite of the fact that (i) the District collector, Nalgonda recommended and submitted proposals to the Government for sanction of the exgratia relief through Letter No. D2t2OOBt2O1g, Dated. 29-05-20'19 and (ii) the Tahsildar, Kattangoor Mandal certified the eligibility of the Petitioner by issuing Family Membership Certificate, to the Petitioner to enable him to obtain exgratia relief vide certificate No. TSVSAA 59171567 daled.27-05-20'19 and similarly placed persons sanctioned exgratia relief and showing discrimination against the Petitioner, be declared as illegal, arbitrary, discriminatory, violation of principles of natural law Et justice and fundamental rights guaranteed under the Constitution and consequently direct the Respondents to sanction exgratia relief of Rs.6.00 Lakhs only (Rupees Six lakhs only) from State Disaster Response Fund to the Petitioner herein, as per G.O.Ms.No.2, Revenue (D.M-l) Dept, DT.19-07-2018, in the light of the recommendations of the District Collector, Nalgonda and Tahsildar, Kattangur Mandal, within a time bound period lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To direct the Respondents to sanction exgratia relief of Rs.6.00 Lakhs only (Rupees Six lakhs only) from State Disaster Response Fund to the Petitioner herein, as per G.O.Rt.No.2, Revenue (D.M-l) Dept, Dated.19-07-2018, within a time bound period, pending disposal of the Writ Petition Counsel for the Petitioner: SRl. HARI KISHAN KUDIKALA Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.1O426 of 2o25 : I i I ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking for following relief "..declaring inctction of the respondents in the sanction of statutory exgratia relief of Rs.6.O0 Lokhs onlg (Rupees Six lakhs onlg) from State Disaster Response Fund to the Petitioner heretn, for the death of his daughter Chennaboina Roni, due to Thunderbolt on 17.04.2O19, as per norzns issued in G.O.Ms.No.2, Reuenue (D MJ) Dept, Dt. 19.07.2018, despite oJ the fact ttnt (i) the Distict Collector, Nalgondo recommended and submitted proposals to the Gouernment for sanction of the exgratia relief through Letter No.D2/ 2008/ 2019, Dated 29.05.2019 and (ii) the Tahsitdar, Kattangoor Mandal certified the ettgibilitg of the Petitioner bg issuing Familg Membership Certtficate to the Petitioner to enable him to obtain exgrotio relief uide Certificate lVo. ?SVS, A 59171567 doted 27.05.2O19 and similarlg placed persons sanctioned exgratia relief and shotuing discimination against the Petitioner, be declared as illegal, arbitrary, disciminatory, uiolation of pinciples of natural laut & justice and fundamental rights guaranteed under the Constitution and consequentlg direct the Respondents to sanction exgratia relief of Rs.6.OO Lakhs onty (Rupees Srx lakhs onlg) from State Disaster Response Fund to the Petitioner herein as per G.O.Ms.No.2, Reuenue (D.MJ) Dept, Dt.19.O7.2018, in the light of the recommendations of the Distict Collector, Nalgonda and Tahsildar, Kattangur Manda| ttithtn a time bound peiod and to pass.."
2. Considered the submissions of the learned counsel for the respective parties and perused the record.
3. It is stated. that the petitioner is a farmer and eking out livelihood by doing agriculture. it is further stated that the petitioner's daughter, who is aged about 30 years has died on .,.- / .t 2 CVBR, J wp_10426_2025
77.04.2019 due to "lhunderbolt/ Lightening strike' and on the complaint filed by the petitioner, a case in Crime No.91 of 2O19, dated 17.04.2019 was registered on the file of Kattangoor P.S., under SecLion 174 of Cr.P.C. and autopsy was also conducted on 1a.O4.2O19 by Lhe Civil Assistant Surgeon, Community Health Center, Nakrekal, wherein, the cause of death was 'cardio- respiratory arrest due to lightening stroke. It is further stated that the Government has framed policy guidelines uide G.O.Ms.No.2, Revenue (D.M-l) Department, dated 19.07.2018 to sanction of minimum statutory ex-gratia relief of Rs.6.00 lakhs per deceased to the bereaved families of the deceased, from the State Disaster Response Fund (SDRF) and also issued instructions to the Tahsildars/ Mandal Revenue Ofhcers through Memo No.31346/Ser.II.2/2OlO for issualce of 'Family Member Certificate'to the deceased families so as to enable their families to obtain benehts under social welfare schemes of the Government. In view of the same, the petitioner has filed an application on the file of the respondents rcquesting to grant ex-gratia of Rs.6.O0 Lakhs on account of the sudden death of his daughter due to "lhunderbolt/ Lightening strike' and has also obtained a Family Member Certificate and u,hen the respondent authorities have not acted upon the same, the petitioner was constrained to file a \ 3 CVBR, J wp_10426_2025 complaint dated 05.10.2022 ot the file of the Lokayrrkta of Telangala, for redressal of his grievance. Pending examination of the said complaint by the Lokayn-rkta, respondent No.2 sent a letter uide No.D2 I 2OO8 I 2019, dated 29.05.2019 to' the Commissioner (Disaster Management) and ex-officio Principal Secretary, (FAC), Secretariat, Hyderabad, recommending the case of the petitioner for payment of ex-gratia in terms of G.O.Ms.No.2, Revenue (D.M-l) Department, dated 19.07 .2018. The grievance of the petitioner is that even after a Iapse of more than 5 years, the authorities have not paid any ex-gratia amount and due to the sudden death of the daughter, there is no family member for assisting the agricultural work, thereby, the entire family is suffering to eke out their livelihood.
4. Keeping in view of the object of the policy laid down by the Government vide G.O.Ms.No.2, Revenue (D.M-l) Department, dated 19 .OZ .2018, this Court deems it appropriate to dispose of the writ petition directing the respondents to pay the ex-gratia ot Rs.6.OO lakhs to the petitioner in terms of the aforesaid GO and the recommendation of respondent No.2 uide No.D2 / 2OO8/2O19, dated
29.05.2019, within a period of six (06) months from the date of receipt of a copy of this order.
5. With the above observations, this Writ Petition is disposed of. 4 CVBR, J wp_10426_2025 .1 As a secluel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs //TRUE COPY// SD/. 1 NA KRISHNA REGISTRAR 'i $ecrtoru oFFrcER To,
1. The Spl.Chief Secretary to Government, Revenue Department, Government of Telangana, Telangan 500022. (D tsa a Sec ster Management) retariat, Hyderabad-
2. The District Collector, lntegrated District Offices Complex, NALGONDA - 508001 Nalgonda District.
3. One CC to SRI HARI KISHAN KUDIKALA Advocate [OPUC] 4. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana louTl
5. Two CD Copies KKS/BSK HIGH COURT DATED:0710412025 t ORDER WP.No.10426 o12025 a q ) o t) HE SIA16 (J, tB JUN zffi t Ogsl)ATl ) DISPOSING THE WRIT PETITION WITHOUT COSTS g 1z /? ,/l /r( I I i I I I I i I I