The High Court · 2025
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Petition under Anicle 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 inthenatureofWR|ToFMANDAMUS,declaringtheactionoftheRespondents in not paying exgratia relief of Rs 5 00 Lakhs only (Rupees Five lakhs only) from SDRF to each of the Petitioners-herein ' for the death of their beloved family members due to Thunderbolt/ Lightning strike' in terms of the orders in G.O.Ms.No.1, Revenue (D M-l) Department' DT 04-05-2015' despite of the fact that the Respondents paid exgratia relief to the similarly placed persons during the period from 01-04-2015 to 18-07-2018 through G O Rt No 23' Revenue (DM- l) Dept, Dated. 06-06-2022 and showing discrimination against the Petitioners' bedeclaredasi|legal,arbitrary,discriminatory,violationofprinciplesofnatural law Et justice and fundamental rights guaranteed under the Constitution Et consequently to direct the Respondents to release payment of statutory exgratia retief of Rs.5.00 Lakhs only (Rupees Five lakhs only) from SDRF' to the each of the Petitioners -h erein, 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 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 release payment of statutory exgratia relief of Rs.5.00 Lakhs only (Rupees Five lakhs only) from State Disaster Response Fund, to the each of the Petitioners, as per G.O.Ms.No.1, Revenue (D.M-l) Department, Dated.04-05-2015, within a time bound period, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI HARI KISHAN KUDIKALA Counsel for the Respondents: SRI L. RAVINOER, AGP FOR REVENUE The Court made the following: ORDER ,'. air*z : *r.!:r4F!€
4.:, HONOURABLE SRI IUSTICE K.LAKSHMAN WRITPETITION No.20s30 0F 2025 ORDER: Heard Sri Hari Kishan Kudikala, learned counsel for the petitioners and Sri L.Ravinder, Iearned Assistant Covernment Pleader for Revenue appearing for the respondents Perused the record.
2. The grievance of the petitioners is that their family members died due to liShtning strike of 'Thunderbolt' during the period from 31..03.201'6 to 06.06.2018. The concerned Station House Officers registered cases under Section 174 of Cr'P'C, and conducted inquest- The autopsy, conducted by the concerned Civil Assistant Surgeon, revealed that the victims died 'due to Thunderbolt'. The final investigation reports revealed that the victims died 'due to fall of Thunderbolt'. They have mentioned the details of the same in a tabulator form in paraggaph-4 of the writ affidavit
3. The Government of India, Ministry of l{ome Affairs (Disaster Management Division), New Delhi in their letter No.32- 2 7/2014-NDM-I, dated 08.04.2015 issued the norms of assistance from SDRF and NDRF for the period fuorn2o75-2020 and directed the States for sanction of ex-gratia relief of Rs.4.00 lakhs per deceased person for loss of human life, subject to certification regarding cause of death from the appropriate authority. In compliance with the same, the Government of Telangana, issued orders in G.O.Ms.No.1, Revenue (DM.I) Department dated
04.05.2015 and notified the 'Thunderbolt' as the State Specific Disasters' and directed for sanction of ex-gratia relief of Rs.5.00 lakhs each to the families of the deceased persons, who died due to Thunclerbolt. It is also stated that revenue officials have visited the place of mishap, conducted panchanama and submitted the reports to the higher officials. The petitioners approached the respective District Collector many times for sanction of ex-gratia relief of Rs.5,00,000/- to each person as per the said G.O. and as a last resort, legal notice/representation dated 15.04.2025 was issued tfuough their counsel for sanction of ex-gratia relief to the petitioners herein as per the Government Orders. Bu! no action ;:-:F 4 3 has been taken on the same. Aggrieved by the same' the present writ petition has been filed. Learned counsel for the petitioners would subrnit that once
4. the cause of death is proved to be 'Thuriderbolt (natural calamity)", it is the statutory obligation on the Part of the State to pay ex-gratia relief and it is the duty of the Government to safeguard the life and liberty of the people as guaranteed under Article 21 of the Constitution of India
5. As per the G.O.Ms.No.1, Revenue (D M-1) Department' dated 04.05.2015, petitioners being the family members of the deceased persons are entitled for the ex-gratia, but respondents have not extended the said benefit to the petitioners Therefore' the said action of respondents is contrary to the said G O' scheme and the above referred proceedings issued by both the Central and State Government. Respondents have to extend the said benefit to the petitioners for the death of their family members as per the saicl G.O.
6. According to the petitioners, they got issued legal notice dated 15.04.2025 to respondent No.1 and responder-rt No'2 with a 4 request to pay ex-gratia and despite receiving and acknowledging the said legal notice, respondent No.1 and respondent No.2 did not consider the same. Therefore, they have filed the present writ petition. 7 . In fact, District Collector is the competent authority and therefore, petitioners have to submit representations to the Dishict Collector concerned with a request to pay ex-gratia along with all the relevant documents and on receipt of the said representations, the Dishict Collector concerned shall consider the same.
8. In view of the same, the Writ petition is disposed of granting liberty to the petitioners to submit representations to the District Collector concerned along with all the relevant documents and on receipt of the said representations, District Collector concerned shall consider and dispose of the same. If District Collectors concerned are not interested to accept the request made by the petitioners, they shall pass a reasoned order and furnish copy of the same to the petitioners. However, District Collector concerned shall complete the said exercise within four I I i l I 5 weeks from the date of receipt of representations from the petitioners. There shall be no order as to costs. As a sr:quel, the miscellaneous petitions, if an1', shall stand closed. A6S /\\i \\ sD/-8. REKHARANI t nsrnNr REGISTRAR I \, -- -( \_ \secttott oFFlcER //TRUE COPY// To, 1 . The Spl Chief Secretary to Government' The Stale^of Telanqana' Revenue ( D i s a ste r M an a g em en t.1 y"i^'!; $ trc;v ei n-ml n t of T e I a n q a n a' T e I a n g a n a :.ilijilffifltifl fuf,.dtr:?'F'ffi ilffi-rl?iliffi * o ?LTr8[u,o coilector, tntegrated Districr offices complex, NARAYANPET - ^ ?ffi3 3.ii"?'S1i:331:""'tt;3l,.ed Distri ct orri ces com pr ex' GADwAL-S0e 1 25' D istrict orri ces com p I ex' wAN APARTHY - . +'.t"'5:ll:, BAtH&'"?ffi ''t"o ,+nt:,mf6i41t5*a:::SS,A"jf,['""ff ::rIft i:"t'.1'3,[t'J"n" , ?f,StJRi.T 3:ilecror, rntesrated District ofrices complex, NIRMAL - 504106' " ilil6,il[T'3:ltector, tntesrared District orfices complex, SURYAPET - i?i'f ilri"t*rin':i;!!*:ru+tn.;l"",1t8i,Y.?rreansana'a'[ 12.Two CD Copies TJ v Villaoe. lbrahimPatnam M Hvderabad [OUT] HIGH COURT DATED:1 610712025 ORDER WP.No.20530 of 2025 -\ c ) i 21 stP zffi -.rt l ?rs .4' r.til0 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 15 ,dd Ytr*. 6\4*