POONAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
WRIC/541/2025 · 2025-01-21
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118467 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118467 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3874-DB Court No. - 2 Case :- WRIT - C No. - 541 of 2025 Petitioner :- Poonam Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Kalika Prasad Pandey Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. The claim of the petitioner for compensation under State Disaster Response Fund has been rejected on 09.10.2024 on the ground that death occurred on account of snake bite and the viscera has been preserved for examination.
Learned counsel for the petitioner relies upon Government
Order dated 08.07.2021 and a decision rendered by the Division Bench of this Court at Allahabad in Writ C No. 9000 of 2022 (Om Prakash Vs. State of U.P. and 2 others) decided on
29.04.2022. He also relies upon a recent judgment and order of this Court dated 22.11.2024 rendered in Writ C No. 9985 of 2024 (Ramlali Vs. State of U.P. and others) involving similar issue. The said order reads as under :-
"Heard learned counsel for the parties. Claim of the petitioner under State Disaster Response Fund is pending consideration before the District Magistrate only on account of the fact that the viscera report has not been received whereas the case of the petitioner is that as per G.O. dated 8.7.2021, viscera report is not necessary. It is also his case that the panchnama is very much on record which is one of the documents referred in the G.O. dated 8.7.2021, which may be made basis for considering the claim of the petitioner for grant of ex-gratia payment as the son of the petitioner had died due to snake bite on 11.9.2023. Let the District Magistrate, Hardoi to look into the matter and do the needful in the light of the Government Order dated 8.7.2021 and a decision rendered by the Division Bench of this Court in Writ C No.9000 of 2022 on 29.4.2022, within two months. The writ petition stands disposed of."
In view of the above discussions, as also the G.O. dated 08.07.2021 and the Division Bench judgment dated 29.04.2022 passed in the case of Om Prakash (supra) and the fact that no final decision has been taken as yet though a report has been submitted by the Lekhpal concerned, which is impugned herein, we direct the District Magistrate, Sitapur to look into the matter and do the needful in the light of the Government Order dated 8.7.2021 and the decision rendered by the Division Bench of this Court dated 29.04.2022 in the case of Om Prakash (supra), within two months. The writ petition stands disposed of.
Order Date :- 21.1.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench