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Patna High CourtCWJC/8597/2019disposed

Ram Avatar Ram v. The State Of Bihar

2022-12-21Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8597 of 2019 ====================================================== 1.

Ram Avatar Ram S/o Late Harish Chandra Ram Resident of VillageLaxmanwa, Post Saunaha, Panchayat Laxmipur, Laxmanwa, Block Raxaul, East Champaran.

2.

Rajmati Devi W/o Ram Avatar Ram Resident of Village- Laxmanwa, Post Saunaha, Panchayat Laxmipur, Laxmanwa, Block Raxaul, East Champaran. 3.

Sona Lal Ram S/o Ram Avatar Ram Resident of Village- Laxmanwa, Post Saunaha, Panchayat Laxmipur, Laxmanwa, Block Raxaul, East Champaran. 4.

Buni Ram S/o Ram Avatar Ram Resident of Village- Laxmanwa, Post Saunaha, Panchayat Laxmipur, Laxmanwa, Block Raxaul, East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary Main Secretariat, Patna-800015 2.

The Principal Secretary, Departmnet of Labour Resources, Govenment of Bihar Niyojna Bhawan, Bailey Road, Patna-800001 3.

The Union of India, through its Secretary Ministry of Labour and Employment Shram Shakti Bhawan, Rafi Marg, New Delhi-110011 4.

District Magistrate-East Champaran, Bihar, office of the Collector and District Magistrate, At and PO Motihari, East Champaran-845401 5.

Sub-Divisional Magistrate-Raxaul, Raxaul, East Champaran, Bihar-845305 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sambhav Gupta, Advocate.

For the Respondent/s :

Mr. Ravi Ranjan, AC to SC 22.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 21-12-2022 Heard Mr. Sambhav Gupta, learned counsel for the petitioners and Mr. Ravi Ranjan, learned AC to SC 22 for the State.

2. By filing the present writ application the petitioners seek a direction upon the respondent nos.4 and 5 to forthwith grant the petitioners immediate financial rehabilitative assistance, as applicable under the Central Section Scheme, 2016. The

Patna High Court CWJC No.8597 of 2019 dt.21-12-2022 2/3 petitioners also sought further direction to forthwith create a permanent bonded labour rehabilitative corpus fund of Rs.10,00,000/- at the disposal of District Magistrate in the District of East Champaran, as per the Central Sector Scheme, 2016 and further issuance of proper implementation of effective disbursement of Immediate Financial Assistance under the aforesaid scheme.

3. A counter affidavit has been filed on behalf of the respondent District Magistrate, East Champaran, Motihari. It is submitted that in compliance of the order of this court dated 14.10.2022 the deponent has directed the Sub-Divisional Officer, Raxaul, in terms of Section 10 of the Bonded Labour system (Abolition) Act, 1976, to enquire into the matter.

4. In pursuant to the aforesaid order, a summary enquiry has been conducted and the allegation of keeping bonded labour and contravention of provision of Bonded Labour System (Abolition) Act, 1976, was not found true.

5. On the aforesaid allegation, a criminal case bearing Palanwa P.S. Case No. 97 of 2018 was also registered and the police after investigation submitted report suggesting that the allegation of bonded labour was not true rather there was a dispute of taking loan for other purpose and repayment thereof.

Patna High Court CWJC No.8597 of 2019 dt.21-12-2022 3/3

6. In view of the averments made in the counter affidavit, the copy of which has been duly served upon the learned counsel for the petitioners, this court does not find any reason to proceed any further in the matter and it appears that the substantive grievance of the petitioners have stood redressed.

7. So far as the other prayer made on behalf the learned counsel for the petitioners are concerned, it is needless to say that the petitioners are at liberty to file an appropriate petition before the appropriate authority, who will consider the grievance of the petitioners and take action in accordance with law.

8. Accordingly, the present writ application stands disposed of.

(Harish Kumar, J) manoj/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.12.2022.

Transmission Date NA