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Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.35226 of 2022 Gitanjali Bhoi …. Petitioner Mr. A.K. Nayak, Advocate State of Odisha and Others -versus- …. Opp. Parties Mr. C.K. Pradhan, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No 09. 1. This matter is taken up through Hybrid
Decision
ORDER 02.12.2025 Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed inter alia challenging order dated 08.06.2022, so passed by Collector, Cuttack-Opp. Party No.2 under Annexure-4. Vide the said order, claim of the petitioner to get the benefit of ex-gratia compensation to the tune of Rs.4,00,000/- on the ground of death of her husband due to falling of mud wall because of heavy rain, which amounts to a death coming under the Natural Calamities, was rejected. // 2 // 4. Learned counsel for the petitioner contended that petitioner’s late husband died because of falling of mud wall in her residence on 25.08.2019. Since such death occurred due to heavy rain, which comes under the heading of “Natural Calamities”, petitioner raised a claim to get ex-gratia compensation to the tune of Rs.4,00,000/-. As the claim of the petitioner was not considered, she approached this Court by filing W.P.(C) No.33604 of 2023. This Court vide order dated 09.12.2020, when directed O.P. No.2 to take a decision on the petitioner’s claim, but the same was rejected on a mere assumption and without taking into consideration the documents produced by the petitioner including the final form submitted by the local police and the report of the R.I. submitted on 18.12.2021. 4.1. It is contended that on the face of the report submitted by the R.I. and the final form submitted by the I.O. in the U.D. Case, death of the deceased due to falling of the mud wall in her residence on the fateful day because of heavy rain was proved beyond all reasonable doubt. But O.P. No.2 rejected the claim on a mere assumption that on the fateful day there was no such heavy rain causing the death due to falling of the mud wall. It is accordingly contended that the impugned order is not sustainable in the eye of law. 5. Learned Addl. Govt. Advocate on the other hand made his submission basing on the stand taken in the Page 2 of 5 // 3 // counter affidavit so filed by Opp. Party Nos.2 to 5. It is contended that since on the particular day i.e. 25.08.2019, there was no heavy rain in that particular locality, O.P. No.2 dis-believed the death caused due to falling of mud wall. 5.1. It is contended that since O.P. No.2 came to a conclusion that there was no heavy rain on the fateful day, claim of the petitioner that her husband died due to falling of mud wall, was not accepted. Stand taken in Para-5 and 6 of the counter affidavit reads as follows:- “5. That, consequently, as per kind orders of the Hon’ble learned Collector, Cuttack, after High Court of Orissa, the verification, had disposed off the matter on 08.06.2022 with a reasoned order and had rejected the prayer of the writ petitioner in Annexure-2 series of W.P.(C) No.33604/2020. The Learned Collector, Cuttack had passed the order (already attached as Annexure 4in the plaint copy) on the basis of the report of the Tahasildar, Barang and report of the Sub-Collector, Sadar, Cuttack. The report of the Sub-Collector, Sadar, Cuttack reveals that there was no rain on the day of accident i.e on 25.08.2019. Further there was only 40 mm rain on the preceding day i.e on dt. 24.08.2019 and 32 mm rain recorded on the succeeding day i.e. 26.08.2019 which can not be treated as natural calamity of heavy rain. 6. That, as per Explanation (1) of Clause 3 (1) of Chapter 1 (PREAMBLE, GENERAL PRINCIPLES AND STANDING PREPARATIONS) of the Odisha Relief Code, it has been explained that – "Heavy rain would mean three days or more of uninterrupted rainfall, the total amounting to at least 3 times that month’s average rainfall in the Block/Area. In absence of supporting materials, rain amount from 64.5 mm to 124.4 mm per day for continuous three days or more and / or 124.5 mm and above for more than one day may be treated as heavy rainfall for the purpose of the paragraph." Page 3 of 5 // 4 // Furthermore, a classification of rainfall amount and its corresponding description (24 Hours rain fall in MM at 0830 hrs IST) as per Clause 3 (1) of Chapter 1 of the Odisha Relief Code has been provided as below.” 6. Having heard learned counsel for the parties and considering the submissions made, this Court finds that petitioner raised a claim to get the benefit of ex-gratia compensation to the tune of Rs.4,00,000/- as her husband died because of falling of mud wall due to heavy rain on 25.08.2019. This Court after going through the materials available on record, finds that death of the deceased because of falling of mud wall due to heavy rain, is supported by the report submitted by the R.I. as well as the final form submitted by the I.O. in the U.D. case so registered on the death of the deceased. 6.1. This Court is of the view that on the face of such materials placed, O.P. No.2 could not have rejected the claim, on a mere assumption that since on dated 25.08.2019 there was no heavy rain, question of falling of the mud wall on the deceased does not arise. 6.2. In view of the aforesaid analysis, this Court is inclined to quash order dated 08.06.2022 so passed by Opp. Party No.2 under Annexure-4. While quashing the said order, this Court directs Opp. Party No.2 to take a fresh decision by giving opportunity of hearing to the petitioner and dispose of the claim within a period of 8 (eight) weeks from the date of receipt of this order. O.P. No.2 is also directed to take into consideration the Page 4 of 5 // 5 // report submitted by the R.I. and the final form submitted by the I.O. in the U.D. Case. Petitioner is permitted to provide a copy of this order before O.P. No.2 on or before 12.12.2025 for compliance. 7. The Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Dec-2025 11:14:22 Page 5 of 5