Kumari Upasana and Others Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

Kumari Upasana and Others Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Mandamus issued upon respondent No.6 to decide the petitioners' application dated 14.02.2025 (Annexure P-4) for compensation, within three months from receipt of certified copy of the order/judgment, in accordance with the distribution licensee's compensation policy.

Issue for consideration

Whether a mandamus should issue upon the respondents to pay compensation for the death of Dharmender Singh caused by electrocution, respondent No.6 having failed to decide the petitioners' compensation application.

Court's answer

The writ petition is disposed of with a mandamus upon respondent No.6 to decide the petitioners' application (dated 14.02.2025, Annexure P-4) for compensation.

Ratio / Principle

The application is to be decided within a period of three months from the date of receipt of certified copy of the order/judgment.

Key takeaways

The application is to be decided in accordance with the policy adopted by the distribution licencee concerned for grant of compensation on account of electrocution, as recorded in the statement of learned counsel for the State, in view of which the petition was disposed of.ratio¶12

Detailed headnote1 paragraphs

Constitution of India — Arts. 226/227 — mandamus — compensation for death by electrocution. Petitioners approached the High Court as respondent No.6 had not decided their application dated 14.02.2025 (Annexure P-4) seeking compensation for the death of Dharmender Singh due to electrocution. State counsel, on advance notice, waived service, accepted notice for respondent No.1 and stated the petition could be disposed of with a mandamus to respondent No.6 to decide the application in a time-bound manner in accordance with the policy adopted by the distribution licencee concerned for grant of electrocution compensation. In view of that statement, Kuldeep Tiwari, J. disposed of the writ petition with a mandamus upon respondent No.6 to decide the application within three months from receipt of certified copy of the order.

CWP-8296-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

(127) CWP-8296-2025 Date of Decision : 24.03.2025

Kumari Up a sana and others …Petitioners

Versu s

State of Ha r yana and others ...Respondents

CORAM: HON’BLE MR. JUSTICE KULDEEP TIWARI

Present: Mr. Manish Deswal, Advocate for the petitioners.

Mr. Bhupender Singh, DAG, H aryana for respondent No.1.

KULDEEP TIWARI , J.(ORAL)

The indolent and lackadaisical approach of the respondent N o .6, in not de c iding the application, prefer r ed by the petitioners, seek i ng compensati o n on account of death of Dhar m ender Singh, due to electrocuti o n, propelled t h e petitioners to file the ins t ant writ petition, under Arti c les 226/227 o f the Constitution of India, seeking a mandamus upon t he respondent s , to pay the compensation. 2. Learned counsel for the State, who is present in the Court, on advance no t ice of the instant petition, wa i ves service and accepts notice on behalf of t h e respondent No.1. He informs this Court that the instant petit i on can be disp o sed of, with a mandamus upon the respondent No.6, to decide t he application dated 14.02.2025 (Annexure P -4), in a time bound manner, in accordance with the policy adopted by the d istribution licencee concerned, for MANPREET SINGH 2025.03.28 18:19I attest to the accuracy andgrant of co m pensation, on account of electr o cution. authenticity of this order/judgment

CWP-8296-2025

In view of the specific statem e nt suffered by the learned cou n sel for the Stat e , the instant writ petition is disposed of , with a mandamus u p on the respon d ent No.6, to decide the applic a tion (supra), so preferred by t he petitioners, within a period of three mo n ths, from the date of receipt of certified co p y of this order/judgment.

(KULDEEP TIWARI) JUDGE

March 24, 2 025 Manpreet

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

MANPREET SINGH 2025.03.28 18:19 I attest to the accuracy and authenticity of this order/judgment