Kishori Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11174 of 2023 ====================================================== Kishori Ram S/o- Late Vilas Ram, Resident of Village Got Satedh, PostSatedh, Cicle- Bokhra, P.S- Nanpur, Madsudanpur, Dumri Mahisautha, District- Sitamarhi, Bihar-843318.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary cum ex-officio chairperson of the State Executive Committee, Disaster Management Bihar. 2.

The Principal Secretary, the Department of Disaster Management C-Block, Sardar Patel Bhawan Nehru Marg (Bailey Road) Patna-800023. 3.

The District Collector Sitamadhi.

4.

The Additional Collector Sitamadhi.

5.

The Sub Divisional Public Grievance Redressal Officer (Anumandaliya Lokshikayat Nivaran Padadhikari), Sub Division Pupari, District Sitamadhi. 6.

The Civil Surgeon cum Chief Medical Officer, District- Sitamadhi. 7.

The Medical Officer, Sadar Hospital Sitamadhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Choudhary, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam ( AAG 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-12-2023 Heard the parties.

2. This application has been filed to direct the respondent authorities to award the petitioner of ex-gratia compensation for death of his daughter under treatment in Sadar Hospital, Sitamarhi due to snake bite.

3. Daughter of the petitioner had died of snake bite on 29.08.2021. The petitioner had applied for compensation under the policy of the Government for payment to the persons whose relatives died by snake bite. The policy of the Government on the date of snake bite was that area must be notified as a flood

Patna High Court CWJC No.11174 of 2023(2) dt.02-12-2023 2/2 affected area then only compensation could be given to the kin of the deceased. It has been submitted by learned counsel for the petitioner that representation of the petitioner has been disposed of on 05.05.2022 when the new policy had already come and any person who dies of snake bite, relatives of the snake bite is eligible for compensation.

4. The only contention of the petitioner is that on the date when petitioner's claim was rejected, new policy was already being followed.

5. In these circumstances, respondents are directed to consider the matter as to whether the petitioner is eligible for payment of compensation after the new policy dated 24.03.2022 was notified.

6. The consideration must be done by the Collector, Sitamarhi after hearing the petitioner and decide the same within three months of receipt/communication of a copy of this order.

7. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Harsh/- U