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Neutral Citation No. - 2025:AHC:51689-DB Court No. - 40 Case :- WRIT - C No. - 37520 of 2024 Petitioner :- Roop Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gulab Chandra,Rupesh Kumar Singh Counsel for Respondent :- Alok Mishra,C.S.C.,Krishna Agarawal Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel for the petitioner, the learned Standing Counsel appearing for the State respondents and also Sri Anuj Tripathi, learned Advocate holding brief of Sri Alok Mishra,
learned counsel representing the respondent No. 4, the Electricity Department. This matter is under Article 226 of the Constitution, wherein the writ petitioner has made the following primary prayers:
"i. issue a Writ, order or direction in the nature of Writ of Certiorari quashing of impugned decision/order dated 09.09.2024 passed by the respondent No. 4, the Superintending Engineer whereby the claim of compensation for death of his son and animals due to electrocution has been rejected on no well founded grounds and to allow the writ petition with costs in favour of the petitioner. ii. issue a writ, order or direction in the nature of Writ of Mandamus commanding to the respondent authorities to ensure payment of sum of Rs.50,00,000.00 for electrocution of death of the son of the petitioner and Rs.7,00,000.00 total compensation, Rs.57,00,000.00 as compensation for electric accident dated 07.11.2002 and 11.04.2002 along with 18 per cent P.A. interest to the petitioner within reasonable time as may be fixed by this Hon'ble Court and to allow the writ petition with costs in favour of the petitioner. iii. issue a writ, order or direction in the nature of writ of ad interim mandamus staying the entire effect and operation of impugned decision/order dated 09.09.2024 passed by the respondent No.4, the Superintending Engineer during the pendency of writ petition to meet out the ends of justice." The main ground of the petitioner to file this writ petition is that in the impugned order dated September 9, 2024, the claim of the petitioner for a sum of Rs.50,000.00 as compensation for an electrical accident dated November 7, 2002 and April 11, 2002, has not been paid to the petitioner. This is a second round of litigation and in the earlier round, a Division Bench of the Court while entertaining the earlier writ petition filed by the writ petitioner being Writ - C No. 42318 of 2023 [Roop Singh Vs. State of U.P. And 5 Others], had, on 04.01.2024, passed the following order:
"1. Petitioner claims compensation for death caused by the alleged tortuous act attributed to the respondent corporation. 2. Learned counsel for the respondent states, the occurrence is more than twenty years old and facts are not ascertained. 3. In view of the above, no useful purpose would be served in keeping the present petition pending or calling for a counter affidavit at this stage. 4.
The present writ petition is accordingly disposed of with a direction in case the petitioner files a proper representation before respondent no.4, supported by his personal affidavit annexing thereto copies of all relevant documents to establish the occurrence and to explain the delay of twenty years in making the claim, that claim may be decided by a reasoned and speaking order, as expeditiously as possible in terms of the existing policy of the respondent corporation, preferably within a period of three months from the date of compliance shown by the petitioner." It is clear from the order passed by the Division Bench that it was the burden on the petitioner to provide documents not only to prove the claim of the petitioner but also to explain the delay of 20 years in making of the claim. From the records, it is clear that the petitioner has literally failed to explain the inordinate delay in filing of the such claim. Furthermore, the documents that have been annexed to the writ petition and which were produced before the authority concerned, are not complete in all respect and do not prove in totality the claim of the petitioner. In light of the same, the writ petition is dismissed.
Order Date :- 9.4.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad