Banavath Pimpli v. The Govt. Of Telangana, Rep.By Its Principal Secretary,

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.40791 OF 2016 ORDER:

Heard Mr.J.Kanakaiah for petitioners and the learned Government Pleader for Forests.

The petitioners pray for the following relief: "...Writ of Mandamus to declare the action of the Respondents in not acting as per the G.O.Ms.No.57, dt.29-05-2014, with regard to payment of the compensation in view of the death of 1st Petitioner husband i.e., Bodya Naik is illegal, improper and contrary to the said G.O. Consequently, direct the Respondent to pay the compensation as indicated in the above G.O..." At request of respondents, the writ petition has been adjourned from 24.11.2016 till 02.12.2016 and directed to be listed today.

The Government Pleader places on record Proceeding No.1017/ 2016/ ATR/ PT-5 dated 16.12.2016 which reads thus: "The Forest Divisional Officer, WLM Achampet vide reference cited above reported that one sloth bear was entrapped in snare kept by unknown persons near the fields of Sri Banavath Bodya Naik, S/o. Gemya Naik, R/o Gumpanpally, Achampet. When the victim Sri B.Bodya Naik went near to sloth bear, he was grievously attacked and subsequently died on 20.06.2016. The Forest Divisional Officer, Achampet has submitted detailed proposals along with required documents for sanction of compensation to the legal heir of the victim. The Forest Divisional Officer, Achampet in his report dt:06.12.2016 has also submitted that on his enquiry into the matter it was found that the victim late Sri Banavath Bodya Naik,S/o.Gemya Naik, R/o.Gumpanpally, Achampet was not involved in forest offence and

recommended to sanction the compensation to the legal heir of the victim.

After detailed examination of the proposal of the Forest Divisional Officer, Achampet, perusal of the connected documents and under the powers delegated to the undersigned vide G.O.Ms.No.90 EFST dated 01.08.2011 read with G.O.Ms.No.57 EFS&T dated 29.05.2014 sanction is hereby accorded for payment of Rs.5.00 lakhs (Rupees Five lakhs only) to the legal heir of late Banavath Bodya Naik, R/o.Gumpanpally, Achampet who died due to attack of Sloth Bear on 20.06.2016. The Expenditure for the above shall be debited to the following head of accounts:

State CAMPA (NPV) Bio-diversity component Man animal conflict Ex-gratia & Compensation to Human & Cattle."

and submits that the 1st respondent has already issued the proceeding and it is for the petitioners to place before the 3rd respondent establishing their relationship with deceased Bodya Naik by placing before him such as Ration card, Aadhar card, affidavit of Sarpanch etc.

The statement is placed on record and the petitioners are given liberty to place documentary evidence in proof of their relationship with deceased before 3rd respondent within three weeks from the date of receipt of a copy of this order. The 3rd respondent examines the documentary evidence placed by petitioners in support of their claim for compensation on the demise of Bodya Naik and on being satisfied that the petitioners are the successors, the 3rd respondent is directed to disburse/ transfer to Bank A/ c. of petitioners the compensation within three weeks thereafter.

The writ petition is ordered as indicated above. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. _____________ S. V. BHATT, J Date: 26-12-2016 Stp