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2026 DAILYLAW 20762 (CHH)

RAMADHIN VERMA v. STATE OF CHHATTISGARH

WPC/2886/2020 · 2026-05-13

Shri Sanjay K Agrawal

body2026

Judgment text

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1 2026:CGHC:22868 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2886 of 2020 Ramadhin Verma, S/o. Shri Bhukhan Verma, Aged About 50 Years, R/o. Village Sawar, Patwarli Halka No. 19, RNM, Thana And Tahsil Kasdol, Civil And Revenue District- Balodabajar-Bhatapara Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh, Through The Secretary, Revenue And Disaster Management Department, Mantralaya Mahanadi Bhawan, Capital Complex, Raipur, District Raipur, Chhattisgarh. 2 - Collector Balodabajar, District- Balodabajar Bhatapara, Chhattisgarh, 3 - Sub Divisional Officer (Revenue) Kasdol, District Balodabajar- Bhatapara, Chhattisgarh. 4 - Tahsildar Kasdol, District- Balodabajar Bhatapara, Chhattisgarh. ... Respondents For Petitioner : Mr. Sunil Sahu, Advocate For Respondents : Mr. Amit Buxy, Dy. Govt. Advocate ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.05.15 17:07:00 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 14.05.2026 1. This writ petition is directed against the order dated 25.02.2020 (Annexure P-1) by which the petitioner’s application for grant of exgratia compensation has been rejected finding no merit. 2. The petitioner’s wife died by drowning in the compost pit (Ghurva). Accordingly, the Tahsildar conducted an enquiry and sent a report to the Collector through Sub Divisional Officer. However, Sub Divisional Officer on 31.01.2020 doubted the correctness of the enquiry conducted by the Tahsildar and suspected that death was not occurred on account of drowning, which the Collector, Balodabazar-Bhatapara, accepted and rejected the application, against which this writ petition has been filed. 3. Mr. Sunil Sahu, learned counsel for the petitioner, submits that the post-mortem report clearly recorded a finding that wife of the petitioner died on account of drowning and it is accidental in nature and the merg intimation also records that deceased fell down in the compost pit allegedly of Vedprakash Verma. As such, there was no reason for the Sub Divisional Officer and Collector to doubt the 3 correctness of the report prepared by the Tahsildar, therefore, the impugned order is liable to be set aside. 4. Mr. Amit Buxy, learned State counsel, would support the impugned order and submit that the death of petitioner’s wife was accidental in nature and, therefore, State Government is not responsible. 5. I have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto. 6. A careful perusal of the post-mortem report would show that death occurred due to cardio respiratory arrest as a result of drowning and as per the merg intimation, the compost pit in which deceased fell down was maintained by one Vedprakash Verma. As such, it was the duty of the State to ensure that such an unmanaged compost pit should not be there in the village and situation like present one should not occur. Though the death was accidental in nature, but it is unnatural death and since the petitioner is member of below the poverty line and the final report produced by the police also demonstrates that death occurred on account of drowning in the compost pit water, as such, it is an unnatural death. 7. Accordingly, the impugned order dated 25.02.2020 is set aside and the matter is remitted to the Collector to reconsider the claim of the petitioner in light of the observation made in para 6 and pass a fresh 4 order on merits in accordance with law and applicable circular within a period of 30 days from the date of receipt of a copy of this order. 8. In view of the above, the writ petition is allowed to the above extent. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Ashok