1 2025:CGHC:14838 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1875 of 2022 Dibol Kumar Bhagat S/o Aitwaram Bhagat Aged About 62 Years Caste Uraon, R/o Balgi, Tehsil Katghora, District Korba Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management, Mantralay, Naya Raipur, Atalnagar, District Raipur Chhattisgarh 2 - Collector, Korba, District Korba (Chhattisgarh) 3 - Sub Divisional Officer (R) Katghora, District Korba (Chhattisgarh) 4 - Tehsildar, Katghora, District Korba Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Shishir Dixit, Advocate For Respondents-State : Mr. Raj Kumar Gupta, Additional Advocate General Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 27.03.2025 1 Heard Mr. Shishir Dixit, learned counsel for the petitioner as well as Mr. Raj Kumar Gupta, learned Additional Advocate General, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.03.29 11:18:23 +0530 2 2 The instant writ petition is preferred by the petitioner under Article 226 of the Constitution of India with the following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to set aside Order dated 02.06.2021 passed by Collector, Korba affirming the order dated 02.09.2020 passed by Sub Divisional Officer (R), Katghora, Distt.- Korba and order dated 24.08.2020 passed by tehsildar, Katghora, Distt. Korba in revenue case no.815/B-121/2019-20 and direct the tehsildar Katghora Distt. Korba to grant financial aid to the petitioner. 10.2 Any other relief which this Hon'ble Court may deem fit.” 3 Learned counsel for the petitioner submits that the petitioner is unfortunate father of deceased Umashankar Bhagat, aged about 30 years, who died on 07.06.2019 due to heat stroke, thereafter, he had applied for grunt-in-aid as per the circular issued by state Government, which is part of Revenue Book Circular part 6-4. It has been contended that according to the postmortem report, the cause of death was due to shock as a result of heat stroke. It has been further contended that the Station House Officer of Police Station Banki Mongra, Katghora, Korba had given report that the death was due to shock of heat stroke as also the Patwari prepared a report on 04.11.2019 mentioning that Umashankar Bhagat died due to heat stroke, but on 07.06.2020, he has changed his own report and made a new report mentioning that 3 there were no heat stroke blowing in village while the incident was of 07.06.2019. It has been argued that the Sub Divisional Officer (R) Katghora, District Korba while ignoring the postmortem report given by doctor as also the Station House Officer, has strongly relied on the report of Patwari, rejected the claim of the petitioner vide order dated 24.08.2020, which was affirmed by the Tehsildar, Katghora, District Korba vide order dated 02.09.2021 and later, affirmed by the Collector vide order dated 02.06.2021, as such, the petition be allowed and the impugned orders be quashed. 4 On the other hand, learned State counsel submits that if any application is filed by the petitioner, the same shall be considered and decided by the authorities within the short span. 5 I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 6 Having heard the submissions of learned counsel for the parties as well as considering the facts and circumstances of the case, particularly the fact that the deceased died on 07.06.2019 due to heat stroke and according to the postmortem report, the cause of death was due to shock as a result of heat stroke, but learned Sub Divisional Officer (R) Katghora, District Korba has rejected the claim of the petitioner by relying on the report of the Patwari , I am of the considered opinion that the matter requires interference by this Court. 4 7 Accordingly, the writ petition stands allowed. The impugned orders dated 02.06.2021 passed by the Collector, Korba affirming the order dated 02.09.2020 passed by Sub Divisional Officer (R), Katghora, District Korba as well as the order dated 24.08.2020 passed by Tehsildar, Katghora, District Korba, are hereby set- aside. The matter is remanded back to the Court of Sub Divisional Officer (R) Katghora, District Korba, C.G., who shall consider the case of the petitioner while considering the postmortem report, in which the cause of death seems to be shock due to heat stroke, in respect of grant of compensation and to pass appropriate order as per the provisions contained in the Revenue Book Circular. 8 There shall be no order as to cost(s). Sd/- - (Amitendra Kishore Prasad) Judge Yogesh