Sudama Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1342 of 2019 ======================================================

1. Sudama Devi wife of Late Bisundeo Das, mother of Late Amod Das, resident of Village- Durgapur Kamargama, Post Office- Kamargama, Police StationSangrampur, District- Munger.

2. Babi Devi wife of Late Sanjay Paswan resident of Mohanpur, Post OfficeMajhagaun, Police Station- Haveli Kharagpur, District- Munger. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Director of Statistics and Evaluation, Department of Planning and Development, Government of Bihar, Patna.

3. The Special Secretary, Home Department, Special Branch, Government of Bhar, Patna.

4. The Director, S.C./ S.T. Welfare Department, Government of Bihar, Patna.

5. The Secretary, S.C./ S.T. Welfare Department, Government of Bihar, Patna.

6. The District Magistrate, Munger.

7. The Welfare Officer, Munger.

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

For the Petitioner/s :

Mr.Surya Narayan Sah, Advocate For the Respondent/s :

Mr.Md.Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-01-2019 Heard the parties.

In the present writ application, the following reliefs have been sought for on behalf of the petitioners :

1. This writ application is being filed for the direction to the respondents to pay the compensation to the petitioners on the basis of Prevention of Atrocities Act 1989 and Rule 1995 of Schedule Caste and Schedule Tribes.

The petitioners belong to the Scheduled Caste. The son of petitioner No.1, namely, Amod Das and husband of petitioner

Patna High Court CWJC No.1342 of 2019(2) dt.23-01-2019 2/2 No.2, namely, Sanjay Paswan were killed by the naxalites on 05.06.2012. In respect of the same, death certificates were also issued on 24.09.2013 and 07.06.2012 respectively, which is Annexure-4 to the present application. The District Level Committee had taken a decision to pay the compensation to the petitioners, but the said compensation has not been paid to the petitiones till date. The recommendation made by the District Level Committee is Annexure-3 to the present application. Considering the aforesaid facts and circumstances, the petitioners are directed to file a detailed representation before the Respondent No.4 i.e. The Director, S.C./S.T. Welfare Department, Government of Bihar, Patna. The Respondent No.4 shall consider the case of the petitioners and pass an appropriate order in accordance with law within a period of three months from the date of filing of such representation. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U