THE HON’BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.10426 of 2025

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking for following relief:

“..declaring inaction of the respondents in the sanction of statutory exgratia relief of Rs.6.00 Lakhs only (Rupees Six lakhs only) from State Disaster Response Fund to the Petitioner herein, for the death of his daughter Chennaboina Rani, due to Thunderbolt on 17.04.2019, as per norms issued in G.O.Ms.No.2, Revenue (D.M-I) Dept, Dt. 19.07.2018, despite of the fact that (i) the District Collector, Nalgonda recommended and submitted proposals to the Government for sanction of the exgratia relief through Letter No.D2/2008/2019, Dated 29.05.2019 and (ii) the Tahsildar, Kattangoor Mandal certified the eligibility of the Petitioner by issuing Family Membership Certificate to the Petitioner to enable him to obtain exgratia relief vide Certificate No.TSVSAA 59171567 dated 27.05.2019 and similarly placed persons sanctioned exgratia relief and showing discrimination against the Petitioner, be declared as illegal, arbitrary, discriminatory, violation of principles of natural law & justice and fundamental rights guaranteed under the Constitution and consequently direct the Respondents to sanction exgratia relief of Rs.6.00 Lakhs only (Rupees Six lakhs only) from State Disaster Response Fund to the Petitioner herein as per G.O.Ms.No.2, Revenue (D.M-I) Dept, Dt.19.07.2018, in the light of the recommendations of the District Collector, Nalgonda and Tahsildar, Kattangur Mandal, within a time bound period and to pass..”

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner is a farmer and eking out livelihood by doing agriculture. It is further stated that the petitioner’s daughter, who is aged about 30 years has died on

17.04.2019 due to ‘Thunderbolt/Lightening strike’ and on the complaint filed by the petitioner, a case in Crime No.91 of 2019, dated 17.04.2019 was registered on the file of Kattangoor P.S., under Section 174 of Cr.P.C. and autopsy was also conducted on 18.04.2019 by the Civil Assistant Surgeon, Community Health Center, Nakrekal, wherein, the cause of death was ‘cardio- respiratory arrest due to lightening stroke. It is further stated that the Government has framed policy guidelines vide G.O.Ms.No.2, Revenue (D.M-I) Department, dated 19.07.2018 to sanction of minimum statutory ex-gratia relief of Rs.6.00 lakhs per deceased to the bereaved families of the deceased, from the State Disaster Response Fund (SDRF) and also issued instructions to the Tahsildars/Mandal Revenue Officers through Memo No.31346/Ser.II.2/2010 for issuance of ‘Family Member Certificate’ to the deceased families so as to enable their families to obtain benefits under social welfare schemes of the Government. In view of the same, the petitioner has filed an application on the file of the respondents requesting to grant ex-gratia of Rs.6.00 Lakhs on account of the sudden death of his daughter due to ‘Thunderbolt/Lightening strike’ and has also obtained a Family Member Certificate and when the respondent authorities have not acted upon the same, the petitioner was constrained to file a complaint dated 05.10.2022 on the file of the Lokayukta of Telangana, for redressal of his grievance. Pending examination of the said complaint by the Lokayukta, respondent No.2 sent a letter vide No.D2/2008/2019, dated 29.05.2019 to the Commissioner (Disaster Management) and ex-officio Principal Secretary, (FAC), Secretariat, Hyderabad, recommending the case of the petitioner for payment of ex-gratia in terms of G.O.Ms.No.2, Revenue (D.M-I) Department, dated 19.07.2018. The grievance of the petitioner is that even after a lapse of more than 5 years, the authorities have not paid any ex-gratia amount and due to the sudden death of the daughter, there is no family member for assisting the agricultural work, thereby