Vinay Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6147 of 2021 ====================================================== Vinay Kumar Tiwari Son of Late Vasudeo Tiwari resident of Village - Pipra Beni, Police Station- Barahaj in the district of Deoria (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The Deputy Inspector General of Police, Bhagalpur. 5.

The Superintendent of Police, Banka.

6.

The Sub-Divisional Police Officer, Banka.

7.

The Sub-Inspector of Police- cum- SHO, Amarpur Police Station in the district of Banka.

8.

The Sargent Major, Police Line, Banka.

9.

The District Magistrate, Banka.

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Respondent/s :

Mr.Md.N.H.Khan (SC 1) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2022 At the outset, the learned counsel for the petitioner seeks permission to add the District Magistrate, Banka as partyrespondent no. 9 in the present writ petition. Permission so sought, is granted.

Needful be done during the course of the day. The present writ petition has been filed seeking the following reliefs :- "(I) To direct the respondents especially respondent no. 5 to release the Wagon R car bearing Reg. no. BR 51 D-9203, Hero

Patna High Court CWJC No.6147 of 2021(2) dt.17-10-2022 2/3 Achiever Motorcycle bearing Reg. no.

BR 51C 5916 and other household articles of deceased Vijay Tiwari in favour of the petitioner as the petitioner is own brother/ legal heirs of the deceased Vijay Tiwari.

(II) Also to direct the respondents to grant Ex-gratia amount Rs. 4 lacs to the petitioner as his brother namely Vijay Tiwari died due to corona infection as the government has fixed the Ex-gratia amount Rs. 4 lacs to the dependent/ legal heirs of the person who died due to Corona infection."

At the outset, the learned counsel for the petitioner submits that as far as prayer no. I is concerned, the same has already stood redressed, inasmuch the car and the motorcycle in question have already been released in favour of the petitioner, however, as regards payment of ex-gratia amount to the tune of Rs. 4 lacs to the petitioner, on account of death of the brother of the petitioner due to Corona/ Covid-19 infection, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Banka for redressal of his said grievance. Liberty so sought, is granted. It is needless to state that in case, appropriate representation is filed within a period of four weeks from today, before the District Magistrate, Banka, he shall make an inquiry and pass appropriate orders upon the representation of the

Patna High Court CWJC No.6147 of 2021(2) dt.17-10-2022 3/3 petitioner, within a period of eight weeks, thereafter. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U