VIKRAM BHATT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ appeal is to the order dated 15-10-2019 passed by the learned Single Judge whereby writ petition filed by the appellant was dismissed.

(2.) The facts of the case are that, on 15-07-2018, father of appellant/ petitioner Late Heera Lal (deceased) went to Gadaghat river where he was struck by thunder and lightning due to which he suffered some injuries and his body fell down in nearby Nala. Due to heavy rains, at the that particular time, suddenly water level increased and deceased's body flowed away due to heavy water flow. The said incident was eye-witnessed by Anil Kumar and Nakul Vishwakarma, who came to village and intimated the incident to the villagers. After getting the information about incident, daughter-in-law of the deceased as well as villagers went to spot and tried to search but deceased's body could not be traced out. The incident was reported to the concerned Police Station. The police officials registered a case against missing person and looking to the nature of intimation received by the police officials, they have also made an attempt to search and trace out deceased's body with the help of divers but failed in their attempt.

(3.) When after making efforts and attempts by the villagers as well as by the police officials and also after lapse of time, deceased's body could not recovered, the appellant/ petitioner filed an application before the Court of Naib Tahsildar, Gandai C.G. for 'grant' under the Circular issued by the State Government which is part of Revenue Book circular part 6-4 of which amended notification/ circular was issued on 09-06-2015. The Naib Tahsildar, after receiving application supported with an affidavit of Smt. Kaleshiya Bai daughter-in-law of deceased, Ganesh Lal and Anil Kumar, called for information from the concerned police station. The Station House Officer (SHO) forwarded information on 08-03-2019 wherein it was intimated that such incident was reported by Himanchal Bhatt along with Kotwar of village and some other villagers. The Naib Tahsildar also called for Panchnama. It was signed by Jagdish Das Kotwar, Dashrath Gond (Village-Patel), Bahur Singh, Up-Sarpanch of Village Panchayat. The Naib Tahsildar on the basis of the material and evidence placed before him has recorded that there was report of deceased's drowning in the Surahi Nala and flowing away of the body in heavy water flow, divers tried to search for body, the police officials registered a case for 'missing person' and as body of deceased could not be recovered hence there was no possibility of conducting post-mortem. The Naib Tahsildar after considering the materials placed before him held that in case of death, post-mortem report is a necessary document in order to seek grant of financial aid and in absence of such report, death itself is not proved, therefore, application for grant of compensation amount/ financial aid is liable to be dismissed and the Naib Tahsildar forwarded the same report to the Collector through Sub-Divisional Officer (SDO). The SDO approved the report submitted by the Naib Tahsildar and forwarded the same to the Collector. On 19-06-2019, the Deputy Collector after considering the report and its contents forwarded by the Naib Tahsildar arrived at a finding that there is no post- mortem report available on record which is one of the essential documents for accepting the claim and dismissed the claim/application in its entirety.