1. This writ petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

That directed to respondent authority to pay the compensation to the petitioner Rupees 8 Lacs on account of negligence and dereliction of public duty on the their part resulted in untimely death of Mother of petitioner by attack of stay of cow horns along with interest @ 18% per month.

Any other relief which this hon'ble Court deems fit in the facts and circumstance of the case may also kindly be granted.''

2. It is submitted by the counsel for the petitioner that he is the resident of Village Gram Mathuri Ka Pura, Post Chareta, PS Endore, Tahsil Gohad, District Bhind and his source of livelihood is the agricultural work. The petitioner was residing along with her 80-year old mother. It is submitted that on 21.7.2019 when the mother of the petitioner was going to Panchshil Nagar, Mela Ground, Gwalior along with her nephew, she was assaulted by one stray cow, as a result of which the mother of the petitioner suffered enormous injuries and ultimately, succumbed. It is submitted that it is the duty of the Municipal Corporation, Gwalior to control the stray cattle and as the respondent No.1 has failed to discharge its duty, therefore, the petitioner is entitled for compensation for the death of his mother and accordingly, a compensation to the tune of Rs.8,00,000/- has been sought by filing this petition with interest @ 18 per cent per month.

3. Per contra, the respondents have raised a preliminary objection with regard to the maintainability of this writ petition. When the petitioner was asked to argue on the question of maintainability of this writ petition, then he immediately submitted that the question of maintainability has already been considered and upheld by this Court while issuing notice, therefore, now, the question of maintainability of this writ petition cannot be raised by the respondents.

4. Considered the submissions made by the counsel for the petitioner.

5. This Court, by order dated 16.12.2020 while issuing notice, has observed as under :-

“The issue with regard to maintainability of the present petition is kept open for consideration after notice is served”.

6. Thereafter, on 3.2.2021, none appeared for the petitioner and on that date also, the respondents raised an objection with regard to maintainability of this writ petition.

7. It is really shocking that the counsel for the petitioner did not waste a single minute in making a statement which was just contrary to the order sheets of the Court. It is always expected from a counsel that he would assist the Court and would not indulge himself in making the false statements which are per se contrary to the record.

8. Be that whatever it may.

9. It is submitted by the counsel for the petitioner that the Delhi High Court in the case of Shakuntala v. Govt. of NCT of Delhi and Anr. by judgment dated 1.7.2019 passed in WP (C) No.13771/2006 has held that the tortious compensation can be awarded under Article 21 of the Constitution of India.

10. Heard the learned counsel for the petitioner.

11. The petitioner has filed a copy of Samagra ID according to which the father of the petitioner is still alive. However, this petition has not been filed on behalf of the husband of the deceased. Thus, it appears that the petition has been filed by the petitioner himself by projecting himself a sole legal heir of the deceased, whereas the deceased is survived by her husband also. Therefore, this petition is liable to be dismissed on the ground of non-joinder of all legal representatives. Furthermore, various disputed questions of fact are involved. The complaint under section 164 of CrPC was lodged by the petitioner in which he had stated that on 21.7.2019 his mother late Sujja Bai was going along with her nephew Amra Singh to Panchshil Nagar, Gole Ka Mandir, Mela Ground, Gwalior. When she disembarked the bus near the Mela Ground, then she was attacked by a cow as a