Tatioamula Had Prasad' S/o. Nagaiah' ngg lp yga.q v. I The State of Telangana
Case Details
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Cited in this judgment
Petition un ";r Section 15'l cpc praying that in the cirr;urnstances stated in the affidavit fil,erj rr support of the petition, the High court may be pleased direct the Responderrl I o s. 1 to 6 to pay the compensation an amoun[ of Rs. 3,00,000/- to the Petition,)r' r spite of Judgment in Laxmi Vs.Union of lnr;ia (2014) 4 SCC 4271 pending dir;p >:;al of the above case. Counsel for the F :titioner : SRI pULLA RAO YELLANKI Counsel for Resip rndents No.1to3:SRt Rbt[HTH REoD\., Counsel forthe R lspondents No.4&5: Counsel for the R :spondents No.6&7: Gp FOR MEDICAL HEAII_TH & FW Counsel for the R,rspondent No.8: SRI p. VISHNUVARDHANA REDDY The Court made t re following: ORDER ( I I I I I I I i I I I i : HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITI ON No.14087 oF 2015 SDEB:(oRAL) This writ petition is filed seeking to declare the action of respondent Nos.1 to 6, in not providing free rnedical treatment and not paying compensation amount of Rs.3,00,000/- to the petitioner in the spirit of judgment of the Honourable Supreme Court in Laxmi v' Union of lndiar for pouring acid on the face of the petitioner by respondent No.8 with an intention to kill him, as illegal and violative of Article 21 of the Constitution of lndia, and consequently, to direct respondent No'8 to forthwith pay an amount of Rs'20,00,000/- to the petitioner for his past and future medical treatment.
2.HeardMr.PullaRaoYellani,learnedcounselforthepetitioner' andMr.R.LaxmikanthReddy,learnedAssistantGovernmentPleader for Home, and perused the material available on record'
3.ltissubmittedthattheinstiantwritpetitionisfiledclaiming compensation against respondent No'8' who is accused and convicted in c.c.No.304 ot 2012 on the file of ll-Additional Judicial Magistrate of First Class at Kothagudem, by judgment dated 01 '04'2015' ' lzot+y + scc +zz 2 4lr ls submitted that the accused/respondent tr,lo B poured acid on the faoo , ,1' the petitioner with an intention to kill him and it resulted in disfigr-rren :rnt of the face of the petitioner. The eye ri;ight and right ear of the p,e itioner were also impaired. The judgment ir Laxmi,s case (supra 1) ,1,-.i the victims c Services l\rrt with the St; Honoura ble ls with grant of compensation by the State (.)overnment to ' acid attack. The Member Secretary of the State Legal r,>rity in all the States were directed to takr,r up the issue te Government so that the orders pa ssed by the Siupreme Court are complied with arrd minimum compensati,)r of Rs.3,00,000/- is paid to the victims of aciC afiack.
5. l_ear red counsel for the petitioner fairlv submitted that compensali.r rrf Rs.3,00,000/- was paid to the petitioner by the state Governmerrl rnd this writ petition is filed claiming cf,rT)pensation of Rs.20,00,0Ctr from accused/respondent No.B. Hor,vever, learned counsel has n rt pointed out any directions of the Honorrreble Supreme Court awar,J n I {tompensation as against the accused pers;on.
6. Lere rr r:d Assistant Government pleader f o - rlome takes preliminary ob, :ction to the maintainability of the writ petitic)n
7. ln the opinion of this Court, in case the petitioner is claiming compensatiorr iom the accused/respondent No.g, approp"iate remedy for him is to ilp :,roach the civil court, but not by way of wri,: petition. As , admittedly compensation of Rs.3,00,000/_ was paid to the petitioner by the State Government as per the judgment of the Honourable Supreme Court in Laxmi,s case referred supra, the writ remedy cannot be invoked against respondent No.g, who is a private individual. However, the petitioner is granted liberty to approach the competent civil court seeking compensation against the accused/respondent No.g for injuries caused to him due to acid attack.
8. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed SD/. P.Ch. NAGAB HUSHAMBA A SISTANT REGISTRAR //TRUE COPY'/ SECTION OFFICER State of Telangana' n To, 1 The Principal Secretary for' Home' Secreta Hvderabad Khamm rvices A District Secreta Court ComPlex
2. The Superi ntend ent of Police, Khammam' Khammam District. am District.' uthority for the Telangana, State' Khammam, Collector' 3. The al Se ry,State of Leg 4. The al Services Authority' Khammam' District Court at HYde High irman, District Leg 5. The ComP lex, Khammam District 6. TheChief Med ical Officer, Khammam' Khammam District., - 7. The Area General Ma nager, Singareni Colories Company, Limited' Kothagudem, Khammam District 8. One CC to SRt P ULLA RAO YELLANKI, Advocate. IOPUCI o One CC to SRI P .VISHNUVARDHANA REDDY, Advocate toPUCl 10 .Two CCstoGPFO R HOME, His h Court for the State of Telang ana ouTl 11.Two CCSTOGPFOR MEDICAL bad [OUrl na at HYdera Copies HEALT H&FW,High Court for the State of t CD Tela 12.Two BSK GJP I I HIGH COLIIIIT DATED:05;1i1312025 ORDER wP.No.140tri7 0f 2015 : I I ! I I I I i I I .-a- a -'< .1.' $E ST4 t4. :) U II' t). ;l l t'1AY 2025 2 c; a.., . '' 'r l,A I,-$\ '--. : ;:=-,;)/ ' DISPOSING OF THE WRIT PETITION WITHOUT C OSTS UP @ t "ol0s <).