HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

ORDER:

This writ petition is filed seeking to declare the action of

respondent Nos.2 and 3 in violating the human, fundamental and constitutional rights of the petitioner in not sanctioning the ex-gratia amount to the petitioner as illegal, arbitrary and consequently prayed this Court to direct respondent Nos.2 and 3 to sanction the amount of Rs.15,00,000/- @ Rs.5,00,000/- per deceased person in favour of the petitioner

under State Disaster Relief Fund.

2. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is being disposed of at the

admission stage.

3. It is stated that the petitioner belongs to the Below Poverty Line category and is eking out livelihood by working as agricultural labour. It is also stated that due to natural calamity, i.e., heavy rains/downpour/cloudburst on

19.08.2020 at about 3:30 hours, the clay roof of their house collapsed, resulting in the death of wife of the petitioner by name Sharanamma, aged about 35 years, and his two daughters by name Bhavani and Vaishali, aged about 14 and

10 years respectively.

4. It is further stated that the petitioner filed a complaint on the file of respondent-police and the same was registered in Cr.No.139 of 2020 and a Final Investigation Report has been filed before Executive Magistrate and Tahsildar, Gandeed Mandal, Mahabubnagar District under Section 174 of Cr.P.C. concluding the investigation that “Accidental death due to Natural Calamity”. It is further stated that the petitioner has made an application seeking to grant ex-gratia amount to the deceased family, who have expired under natural calamities, in terms of the policy enunciated by the Revenue (C&DR) Department dated 01.09.1989. It is also stated that there is sufficient evidence to show that the petitioner’s wife and children died due to heavy rains/natural calamity. It is stated that considering the case of the petitioner as the petitioner fulfilled eligibility criteria for receiving ex-gratia, the District Collector, having examined all the documents vide Proceedings in File No.Rev/D4/Seas/0001/2020, dated 22.11.2020 has recommended the case of the petitioner for release of the ex- gratia in terms of G.O.Ms.No.2, Revenue (DM-II) Department, dated 15.06.2015.

5. Learned counsel for the petitioner submitted that even though the District Collector has recommended the claim of the petitioner for sanction of ex-gratia vide letter dated 22.11.2020, till date the State Government has not paid ex- gratia amount. Learned counsel further contended that the State is under the obligation to implement its own polices more particularly, the policies enunciated for the benefit of the persons belonging to Below Poverty Line.

6 In view of the above submissions and keeping in view of the Directive Principles of the State Policy and responsibilities of the State, ends of justice would be met, if the respondents are directed to release the ex-gratia/compensation as recommended by the District Collector vide letter dated 22.11.2020 within a period of three (3) months from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

_________________________________ JUSTICE C.V.BHASKAR REDDY Dt.30.06.2025.

KRL