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2025 DAILYLAW 28955 (ALL)

CHOHAL SINGH (NOW DEAD) v. STATE OF U.P. AND 2 OTHERS

WRIC/7398/2025 · 2025-03-11

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36463-DB Court No. - 29 Case :- WRIT - C No. - 7398 of 2025 Petitioner :- Chohal Singh (Now Dead) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State - respondents. The petitioner's son had died on account of consumption of spurious liquor. A claim for compensation of Rs.10,00,000/- was forwarded to the State Government, which has been rejected by office of the Chief Minister. The concerned Secretary in the office has stated that allegations were made against private persons of committing offence leading to death of the deceased pursuant to which charge sheet has been submitted on 31.10.2019 and the matter is pending. Rs.75,000/- has otherwise been paid towards compensation. The father was also in receipt of the old age pension. In such circumstances, it has been observed that no further amount is payable. Though various submissions are raised on behalf of the petitioner but we do find that an FIR has been lodged in the matter. Cause of death is consumption of spurious liqour. So far as payment of compensation is concerned, it would be the sound discretion at the level of the office of the Chief Minister based upon applicable policy in that regard. No Government Order or any policy has been shown under which the petitioner is entitled to a higher sum. The petitioner otherwise cannot claim a fixed amount of compensation as a matter of right. In the circumstances, rejection of the petitioner's claim by the impugned order 04.11.2024 merits no interference. The present writ petition is consequently dismissed. Order Date :- 12.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad