The court held that for the disbursement of ex-gratia compensation following a death, the petitioner and all other legal dependents must file a joint application to ensure the amount is distributed correctly among all eligible claimants.

Order on Board

23/04/2026

1. This Writ Petition has been filed by the petitioner for the following reliefs:-

10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal.

10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authorities to forthwith disburse/pay the recommended ex-gratia compensation Rs.4,00,000/- to the petitioner, along with interest at the rate of 9% per annum from the date of the SDO's recommendation i.e. 02.01.2025.

10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to complete all formalities and release the amount within a stipulated time frame about 30 days from the date of order passed by this Hon'ble Court.

10.4 That, this Hon'ble Court may kindly be pleased to issue appropriate directions for enquiry into the inordinate delay/inaction and for taking disciplinary action against the erring officials responsible for the delay.

10.5 That, this Hon'ble Court may kindly be pleased to award costs of the petition to the petitioner.

10.6 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.

2. Necessary facts of the case are that petitioner is resident of Village - Lalpur, Tahsil -Ratanpur, District Bilaspur (C.G.) who along with informant Pradeep Singh Thakur went to Police Station Ratanpur to lodge merg intimation which was registered as Merg No. 118/2023 under Section 174 of Code of Criminal Procedure, 1973 for death of mother of the petitioner namely Smt. Arti Singh Rajput W/o Sher Singh Rajput, aged about 50 years due to drowning while having bath in Gangasagar Pond, situated within Village Lalpur, Police Station Ratanpur, on 24.11.2023. The merg enquiry was conducted by the police, whereby the post mortem report was received, death certificate was also received and on 27.01.2024, the Police Station - Ratanpur sent a letter to the learned Sub-Divisional Magistrate, Kota, Bilaspur (C.G.) to file/close the merg intimation No. 118/2023 on the ground that the spot inspection was conducted, witness of panchnama and relative, friends of the deceased were enquired and it was found during entire merg enquiry that on 24.11.2023 at about 9.00 to 10.00 am morning, the deceased died of drowning into Gangasagar pond in village Lalpur and the doctor of CHC, Ratanpur has also opined in post mortem report that the cause of death is drowning. It was further stated that the relatives and other witnesses have also not drawn any kind of suspicion on anyone, therefore, the merg enquiry may be permitted to file/close and thereafter on the basis of instructions, the final enquiry report was prepared on 13.09.2024. After getting the application, Tahsildar, Ratanpur called a report by Halka Patwari who submitted panchnama mentioning therein that mother of the petitioner died of drowning on 24.11.2023 and thereafter, the learned Tahsildar sent the enquiry report to the learned Sub-Divisional Officer (Revenue) providing compensation to the petitioner of Rs. 4 lakh in accordance with Revenue Book Circular No. 6(4) Para-6(a). On the basis of enquiry report sent by the learned Tahsildar, the learned Sub-Divisional Officer (Revenue), Kota sent the entire file along with recommendation for granting compensation in favour of the petitioner under Re