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2025 DAILYLAW 30804 (CHH)

REVARAM YADAV v. STATE OF CHHATTISGARH

WPC/3516/2022 · 2025-07-15

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:33415 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3516 of 2022 Revaram Yadav S/o Kanhaiya Yadav Aged About 50 Years R/o Solha (Sarkhor), Police Chowki And Sub Tahsil, Lawan, District Baloda Bazar-Bhatapara, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Revenue Department, Mahanadi Bhawan, New Mantralaya, Nava Raipur, District Raipur, Chhattisgarh. 2 - Collector Baloda Bazar-Bhatapara, District Baloda Bazar- Bhatapara, Chhattisgarh. 3 - Sub Divisional Officer (Revenue) Baloda Bazar, District Baloda Bazar-Bhatapara, Chhattisgarh. 4 - Naib Tahsildar Sub Tahsil Lavan, District Baloda Bazar- Bhatapara, Chhattisgarh. ---- Respondents ----------------------------------------------------------------------------------------- For Petitioner : Mr. Suresh Verma, Advocate. For Respondent-State : Mr. Rishab Bisen, PL ----------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 16.07.2025 1. With the consent of the parties, matter is heard finally. 2. This writ petition has been preferred under Article 226 of the 2 Constitution of India seeking following direction: “10.1 That, this Hon'ble Court may kindly be called for the record for its kind perusal which relates to the petitioner matter. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide the compensation to the petitioner. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent no.3 Sub Divisional Officer (Revenue) Baloda Bazar Bhatapara to compliance the order passed by the respondent no.2 in which the direction may be issued to reconsidered the petitioner application with accordance with law. 10.4 Any other relief which this Hon'ble Court may deem fit and proper may also be passed in favor of the petitioner together with cost of the petition.” 3. Learned counsel for the petitioner submits that due to slip of leg, Sunita Bai (wife of petitioner) fell into the Well and sustained grievous injuries in her head and died on 03.03.2018. The petitioner has filed an application seeking compensation on account of death of his wife before respondent No.4/Naib Tahsildar, to which, respondent No.4 on 08.11.2019 send the matter to respondent No.3/Sub Divisional Officer (R) for investigation and proper guidelines. On 18.05.2020, respondent No.2 observed/reported that मृतका का मृत्यु सिर मृ चोट लगने का कारण होने रजस्व पु स्तका पुरिरपुत्र 6-4 का प्रावधाने लग ने होने का कारण प्राकारण नेस्तबद्ध 3 किकायु जने होत प्राकारण नेयुब तहोलदार लवने का वपु ल$टयु जत हो%। Against which, petitioner has filed an appeal before respondent No.2/Collector, to which, respondent No.2 has passed the order on 23.08.2021 observing that since there is no provision of appeal, therefore, appeal is not acceptable, but respondent No.2 has given direction to respondent No.3 that as per र.पु . पुरिरपुत्र 6-4 का प्रावधाने का अने र प्रास्त त आवदाने पुत्र एव* लग्ने दास्तवज का पु ने,किवचोर कारत हुए किवधिधावत ज*चो प्राकितवदाने अकिवल*ब प्रास्त त कार ।, but till date respondent No.3 neither compliance the order of respondent No.2 nor re-considered the petitioner’s application. Hence, a direction be issued to the concerned respondent-authority to consider the pending application and grant proper compensation to the petitioner on account of death of his wife. 4. Learned State Counsel opposes the prayer made by counsel for the petitioner. 5. Heard learned counsel for the parties and perused the documents/material available on record. 6. Perusal of final report (Annexure P-5) would reveal that concerned Superintendent of Police has forwarded the final report based on the facts and post-mortem report of deceased Sunita Bai mentioning that on 03.03.2018 due to slip of leg, deceased fell into the Well and sustained grievous injuries in her head and, thereafter, died on the same day. 4 7. Considering facts of the case, submissions of counsel for the parties, writ petition is disposed of directing the concerned respondent-authority to consider and decide the pending claim application of the petitioner expeditiously in accordance relevant law/rules and in the light of the provision of revenue book circular 6-4 of order number F-1-56/ revenue / relief / dated 09.06.2015 issued by the Chhattisgarh Government Revenue and Disaster Management Department, Raipur. CC as per rules. Sd/- Sd/- (Arvind Kumar Verma) Judge J/-