High Court · 2025
Case Details
Acts & Sections
Petition under Article 226 of the 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 the action of the Respondents in Not- paying exgratia relief of Rs. 5. O0 Lakhs only (Rupees Five lakhs only) from State Disaster Response Fund to the Petitioners, for the death of the 1st Petitioner husband Mekala Mallaiah, S/o Mondaiah, the 2nd Petitioner mother Punnam Shankaravva, W/o late Lasmaiah, the 3rd Petitioner husband Angadi I t. I : j , Parvathalu, S/o. Mallaiah, and the 4th Petitioner husband Dongari Ramaiah, S/o Ankaiah, due to hit by Thunderbolt, despite of the fact that the 3rd Respondent through his letter Rc. No. F416O2O12024, Dated. 28- 10- 2024 and Rc- No. F4t757512O24, Dated. 03- 02- 2025 submitted proposals and recommended to the Government for release of payment of statutory exgratia, as per G. O. Ms' No. 1, Revenue (D. M- l) Department, DT. 04- 05- 2015 and showing discrimination against the Petitioners, be declared as illegal, arbitrary, discriminatory, violation of principles of natural law & justice and fundamental rights guaranteed under the Constitution & consequently direct the Respondents to release payment of statutory exgratia relief of Rs. 5. 00 Lakhs only (Rupees Five lakhs only) from SDRF, to the each of the Petitioners- herein, as per G. O. Ms. No. 1, Revenue (D. M- l) Department, DT.04- 05- 2015, within a time bound period lA NO: 1 OF 2O2s 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 release payment of statutory exgratia relief of Rs. 5. 00 Lakhs only (Rupees Five lakhs only) from SDRF, to the each of the Petitioners- herein, as per G. O. Ms. No. 1 , Revenue (D. M- 1) Department, Dated. 04- 05- 2015, in the light of the reports of the 3rd Respondent, within a time bound period, pending dtsposal of the Writ Petition Counsel for the Petitioner: SRl. HARI KISHAN KUDIKALA Counsel for the Respondent No.1: GP FOR FINANCE Counsel for the Respondent Nos. 2&3: SRI L. RAVINDER ' AGP FOR REVENUE The Court made the following: ORDER THE HON 'BLE SRI JUSTICE c.v. BHASKAR RTDDY UIRIT PETITION No.l 8O95 of 2025 ORDER: This writ petition is Iiled seeking following relief: "For the above aforesaid reasons it is therefore prayed frat this Hon,ble court may be pleased to issue an order/direction or any appncpriate writ, more particularly one in the nature of wRIT oF MANDAMUS, dectaring the action of the Respondents in Not-paying exgratia relief of Rs.S.oo Lakhs only (Rupees Five lakhs onry) rrom state Disaster Response Fund to the Petitioners, for the death of the lst petitioner husband Mekala Mallatah, S/o Mondalah, the 2"d petitioner mother punnam Shankarawa, W/o late Lasmalah, the 3.r Petitioner husband Angadi parvathalu, S/o. Mallalah, and the 4d Petitioner husband Dongari Ramaiah, S/o Ankaiah, due to hit by Thunderbolt", despite of the fact that the 3'd Respondent through his letter Rc.No. F4l6o2o/2o24, Dated 23-Io 2024 and Rc. No. F4l 75751 2024, Dated.o3-o2-2o2s submitted proposals and recommended to the Government for release of payment of statutory exgratia, as per G.O.Ms.No. I , Revenue (D.M- l) Department, DT.04-05-2OlS and showing discrimination against the Petitioners, Lre dectared as illegal, arbitrary, discriminatory, violation of principles of natural taw & justice ad fundamental rights guara,teed under the Constitution & consequently direct the Respondents to release payment of statutory exgratia relief of Rs.5_0O Lakhs only (Rupees Five lakhs only) from SDRF, to the each o[ the Petitioners herein, as per G.O.Ms.No.I, Revenue (D.M-l) Department, DT.04-O5-2O15, within a time bound period, and to pass such other order or orders which are deemed fit and proper in the interest ofjustice."
2. Considered the submissions of the learned counsel for the petitioners and Sri L.Ravinder, learned Assistant Government pleader for Revenue appearing lor respondent Nos.2 and 3 and perused the record. II T t I
3. [t is stared that the petitioners hail from poor families and husbaads of petitioner Nos.l, 3 and 4 and mother of 2nd petitioner expired due to hit by Thunderbolt'. It is lurther stated that the Government has issued G.O.Ms.No.2, Revenue (D.M-t) Department d,ated, l9.O7.2Olg for sanction of ex gratia to the famities of the deceased persons due to Thunderbolt and in terms of the said G.O, the petitioners have approached 2 CVBR, J W.P.No.18O95 of 2025 the respondent authorities for sanction of ex gratia but till date' their case has not been considered by the respondent authorities'
4. Learned counsei for the petitioners submitted that the compensation to similarly placed persons Govemment has sanctioned through G.O.Rt'No 15, Revenue (D'M l) Department dated 18'O9'2O19 and he relied upon the order dated O3'O2 2Cr25 passed by the Division Bench of this Court in W.P.No.134 I of 2025 and submitted that the subject matter of this writ petition is squarely covered by the aforesaid order'
5.Inviewoftheabove,thisCourtisoftheopinionthatendsof justice would be met if the respondents are directed to examine the case of the petitioners for sanction of ex grotio in terms of G O'Ms'No'2' Revenue (D.M-I) Department dated 79 'O7 '2ola and G O Rt No' 15' Revenue (D'N-I) Department dated 18.O9'2O 19 and it the petitioners are entitled for sanction of ex gratia, consider their case and pay the compensation in terms of the said G.Os. If the petitioners are othcr-u'ise not entitled' pass a reasoned order within a period of two (O2) months lrom the date of receipt of a copy of this order and communicate the same to thc pe titioners' 6 With the above observations, the Writ Petition is disposed of' There shall be no order as to cosLs Miscellaneous applications pending, if any' shall stand closed' //TRUE COPY// SD/.S rAs t\ ii, 1i ii\i To,
1. The Principal Secretary to Telangana, Telangana Secre 2. The SPl. Chief Secretary to Department, Government of 5-094e2. Government, FrnaMe Department, Govt. of tariat, T.S.,Hyderabad- 500022. Government, Revenue (Disaster Management) Telangana, Telangana Secretariat, Hyderabad- 504302 Mancherial District. 3 Ilg^rrsrrict coflector, lntegrated District offices comprex, MANCHERTAL- 4. One CC to SRt. HAR| KTSHAN KUD|KALA, Advocate tOpUCI 5. Two ccs to Gp FoR FINANCE,HOh d;-il;;.IL["1,r retansana ar 6. Two CCs to Gp FOR REVENUE High Court for the State of Telangana, at 7. Two CD Copies Hyderabad [OUT] Hyderabad [OUT] / / BM GJP fle- HIGH COURT DATED:2710612025 ORDER WP.No.18095 of 2025 q tHE 57 :...-- \ o ii {5 sEP 206 --s rarcHr' .-7 f I DISPOSING OF THE WRIT PETITION WITHOUT COSTS (+ 1 Lf