Atal Bihari Chaurasia @ Atal Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5713 of 2023 ====================================================== Atal Bihari Chaurasia @ Atal Chaurasia Son of Late Laxman Prasad Resident of Village- Nokha, P.S.- Nokha, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Government of Bihra, Patna. 2.

The Principal Secretary, Department of Home, Government of Bihar, Old Secretariat, Patna.

3.

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

The District Magistrate, Rohtas.

5.

The Superintendent of Police, Rohtas.

6.

The District Welfare Officer, Rohtas.

7.

The Block Development Officer, Block- Nokha, District- Rohtas. 8.

The Block Welfare Officer, Block- Nokha, District- Rohtas. 9.

Ajay Seth, Son of Surya Dev Prasad Resident of Mohalla- Nokha, P.S.- Nokha, District- Rohtas.

10.

Vijay Seth, Son of Surya Dev Prasad Resident of Mohalla- Nokha, P.S.- Nokha, District- Rohtas.

11.

Satyendra Prasad @ Satyendra Seth, Son of Shiv Kumar Seth Resident of Mohalla- Nokha, P.S.- Nokha, District- Rohtas. 12.

Surya Dev Seth, Son of Shiv Kumar Seth Resident of Mohalla- Nokha, P.S.- Nokha, District- Rohtas.

13.

Virendra Seth, Son of Shiv Kumar Seth Resident of Mohalla- Nokha, P.S.- Nokha, District- Rohtas.

14.

Dhiraj Kumar Seth, Son of Surya Dev Seth Resident of Mohalla- Nokha, P.S.- Nokha, District- Rohtas.

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

For the Petitioner/s :

Mr. S.R. Sahi, Advocate Dr. Bipin Chandra, Advocate For the Respondent/s :

Mr.P.K. Verma ( AAG- 3 ) Mrs. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2024 The present writ petition has been filed seeking the following relief:-

Patna High Court CWJC No.5713 of 2023(6) dt.16-07-2024 2/3 "1. To direct the concerned respondent No. 4, the District Magistrate to pay Rs. 36 lakhs and 18% interest from 03.03.2017 to the petitioner who suffered from serious Acid Attack injuries. The petitioner is still suffering from serious disabilities. The petitioner claimed for Rs. 36,000,00/- as compensation to the District Legal Service Authority, Rohtas at Sasaram through the learned A.D.J.-7, Rohtas by filing an application on 03.03.2017 but nothing done though there is a provision for the grant of compensation under the Victim Compensation Scheme u/s 357A of Cr.P.C. but the learned A.D.J.-7, Rohtas neither pursued the matter nor asked the concerned authority to do the same."

2.

At the outset, the learned counsel for the respondent-State, upon instructions received from the District Legal Services Authority, Rohtas at Sasaram, submits that a sum of Rs. 5,00,000/- (rupees five lac), has already stood paid by way of compensation to the petitioner herein as per Schedule-1 of the Bihar Victim Compensation (Amendment) Scheme, 2018, which is not refuted

Patna High Court CWJC No.5713 of 2023(6) dt.16-07-2024 3/3 by the learned counsel for the petitioner, however, he submits that liberty be granted to him to avail such remedies as are otherwise available under the law including that of approaching the learned Civil Court of competent jurisdiction for grant of additional amount of damages/compensation. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U