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Patna High CourtCWJC/17662/2023disposed

Bindeshwari Rai v. The State Of Bihar

2024-04-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17662 of 2023 ====================================================== Bindeshwari Rai Son of Late Hit Narain Rai, resident of Village-Mugaon, Police Station-Koran Sarai, District-Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Buxar. 2.

The Additional Chief Secretary, Department of Health, Govt. of Bihar. 3.

The District Magistrate, Buxar.

4.

The Civil Surgeon cum Member Secretary, District Health Committee, Buxar.

5.

The Civil Surgeon-cum-Local Authority, District Disaster Management Authority, Buxar.

6.

The District Programme Officer, Health Committee, District-Buxar. 7.

The Circle Officer, Dumraon, Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar For the Respondent/s :

Mr. Panakaj Kumar ( Sc 12 ) Mr. Kamlesh Kishore AC to Sc 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-04-2024 This is an application for direction to the respondent authorities to pay ex-gratia amount to the petitioner whose wife died on 18.04.2021 during treatment of Covid-19 infection.

2. The deceased died in the State of Uttar Pradesh and, therefore, learned counsel for the State has submitted that any compensation which is to be paid to the petitioner shall be paid by the State of Uttar Pradesh and not by the State of Bihar.

3. In these circumstances, this application is

Patna High Court CWJC No.17662 of 2023(2) dt.05-04-2024 2/2 disposed of with liberty to the petitioner to file a representation before the Principal Secretary, Department of Health, Government of Uttar Pradesh for payment of compensation on account of death of Covid-19.

4. If such a representation is filed, it is expected that the same shall be considered in accordance with law by the Principal Secretary, Department of Health, Uttar Pradesh within 15 days of its filing.

5. With the aforesaid direction/s, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U