Single Judge, Andhra Pradesh High Court directives District Collector to release exgratia relief to petitioner's family for the death of wife and daughter due to a thunderbolt, relying on a previous similar judgment. The Court mandated payment within four weeks.
District Collector directed to release exgratia relief of Rs. 10 Lakhs within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 967 of 2020
ORDER:
This writ petition is filed for the following relief;
“ to issue a Writ in the nature of Writ of Mandamus or an appropriate Writ or order or direction to the Respondents holding that the action on the part of the Government Memo No.925/DM-I/A1/2019, dated 21.10.2019 to the petitioner herein, for the death of his wife and daughter on 31.03.2016 due to ‘Thunderbolt’, despite of the fact the Single Judge Bench of this Hon’ble Court, in a similar case, in WP.No.1799/2019 by its order dated 06.02.2019 held that G.O.ms.No.1, Revenue (D.M-I) Department, dt.04.05.2015 would be squarely covered under SDRF Guidelines notified by the Government of India and the bereaved family of the deceased victim would be entitled to exgratia relief, as illegal, arbitrary and violation of fundamental rights guaranteed under the Constitution and the same may be set aside. Consequently to direct the Respondents to pay exgratia of Rs.10.00 Lakhs only @ Rs.5.00 lakhs per deceased person to the petitioner herein, within a time bound period and pass such other order or orders which are deemed fit and proper in the interest of justice.”
Heard learned counsel for the petitioner who submits that this Court in similar circumstances disposed of WP.No.1799/2019, dt.06.02.2019. The same is not disputed by learned Assistant Government Pleader for Revenue.
In view of the same and for the reasons alike in WP.No.1799/2019, this writ petition is also disposed of directing the
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District Collector, Narayanpet – 2nd respondent, to take appropriate action on the petitioner’s representation dated 25.09.2019 in terms of G.O.Ms.No.1, dated 04.05.2015 and release the amount due to the petitioner expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order. No order as to costs.
As a sequel to the disposal of this petition, miscellaneous
applications, if any, pending shall stand closed.
___________________________
A.RAJASHEKER REDDY, J
10.01.2020
tk
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THE HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
Writ Petition No. 967 of 2020
Dt.10.01.2020
tk
3 issues framed by the court
Whether petitioner is entitled to exgratia relief for loss due to death of wife and daughter considering a similar matter disposed of earlier by this Court?
Whether relief claimed for violation of fundamental rights in a death caused by natural calamity can be granted as exgratia payment?
Whether District Collector is directed to release exgratia amount within a specified time limit under the relevant Government Order?
Colour shows how this judgement treated each authority
WP.No.1799/2019Followed¶6
Petitioner
District Collector, Narayanpet
A.RAJASHEKER REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
