Smt. Lati Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3761 of 2019

1. Smt. Lati Bai Wd/o Late Harchand Lal aged about 32 Years Caste Halba, Presently Working in Girls Hostel Barritola, Tahsil Manpur, District Rajnandgaon, Chhattisgarh

2. Kaleshwari Koreti Wd/o Rajendra Koreti Aged About 39 Years Caste - Gond, Presently Working In Pre-Metric Boys Hostel Ambagarh Chowki, Tahsil Ambagarh Chowki, District Rajnandgaon Chhattisgarh

3. Subai Tulawi D/o Late Son Singh Aged About 32 Years Presently Working In Pre-Metric Tribal Girls Hostel Manpur, Tahsil Manpur, District Rajnandgaon Chhattisgarh

4. Smt. Kirti Sahu Wd/o Late Heeraman Sahu Aged About 45 Years Presently Working In Post Metric Scheduled Tribe Girls Hostel Dongergarh, Tahsil Dongergarh, District Rajnandgaon Chhattisgarh

5. Smt. Sushila Bai @ Kiran Wd/o Late Dev Kumar Aged About 40 Years Presently Working In Pre- Metric Tribal Girls Hostel Bortalab, Dist. Rajnandgaon Chhattisgarh

6. Smt. Geeta Sinha Wd/o Ramchandra Sahu Aged About 40 Years Presently Working In Pre Metric Girls Tribal Hostel, Dongergarh, District Rajnandgaon Chhattisgarh

7. Lalita Bai Wd/o Bisruram Gond Aged About 46 Years Presently Working In Pre- Metric Tribal Boys Hostel Panabara, District Rajnandgaon Chhattisgarh

8. Parmeshwari Bai Tulawi Wd/o Durug Singh Aged About 26 Years Presently Working In Pre - Metric Girls Tribal Hostel Umarwahi, District Rajnandgaon Chhattisgarh

9. Rakesh Kumar Haldar S/o Late Makhan Haldar Aged About 27 Years Presently Working In Pre - Metric Tribal Boys Hostel Bandhabazar District Rajnandgaon Chhattisgarh 10.Ramila Bai Wd/o Late Jailal Kanwar Aged About 35 Years Presently Working In Adiwasi Girls Hostel Pendur, District Rajnandgaon Chhattisgarh 11.Sushila Bai Wd/o Late Harakh Lal Aged About 35 Years Presently Working In Tribal Girls Hostel Kunwardalli, District Rajnandgaon Chhattisgarh

12.Smt. Amrit Chhedaiyya Wd/o Late Deepak Chhedaiya Aged About 40 Years Presently Working In Pre - Metric Tribal Boys Hostel Khadgaon, District Rajnandgaon Chhattisgarh 13.Champa Bai Mandavi Wd/o Shri Lal Mandavi Aged About 39 Years Presently Working In Pre- Metric Tribal Bous Hostel Koudikasa District Rajnandgaon Chhattisgarh 14.Santri Bai Sahu Wd/o Than Singh Aged About 30 Years Presently Working In Pre - Metric Tribal Boys Hostel Mahud Machandur, District Rajnandgaon Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Home Department Mantralaya, Mahanadi Bhawan , Atal Nagar Nawa Raipur District Raipur Chhattisgarh.

2. Director General Of Police Police Head Quarter, Atal Nagar Nawa Raipur District Raipur Chhattisgarh.

3. Collector, Rajnandgaon Chhattisgarh.

4. Superintendent Of Police Rajnandgaon Chhattisgarh.

5. Assistant Commissioner Tribal Welfare Rajnandgaon, District Rajnandgaon Chhattisgarh.

---- Respondents For Petitioner :

Mr. Shashank Thakur, Advocate For State :

Mr. Ashutosh Mishra, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 21/10/2019

1. The present writ petition has been filed in a group whereby the petitioners are either the widows of the deceased villagers or are sons and daughters of the deceased villagers and deceased persons have all met with an accidental death arising out of Naxalite attack. The limited claim that the petitioners have made in the present writ petition is that the State Government having framed the policy in respect of the

resettlement/rehabilitation of the family of these deceased persons who had died on account of Naxalite attack and the State Authorities are denying the petitione's their claim in accordance with the scheme that has been framed by the State Government.

2. According to the petitioner in most of the cases the respondents have partly granted the benefits that are envisaged under the scheme but in all the cases, entire benefits have not been extended which has led to the filing of the present writ petition. The grievance of some of the petitioner is that in some cases even the part compliance is not strictly in accordance with the policy framed by the State Government in this regard.

3. It is contended by the petitioner that all of them have approached respondent No.3 in this regard for grant of appropriate relief that they are entitled for in accordance with the scheme that has been framed by the State Government but no decision has been taken by the respondent No.3 till date.

4. Given the limited grievance that petitioner has and also considering the fact that their claim and objections/representations of each of the petitioner is still pending consideration before the respondent No.3, let respondent No.3 take an appropriate decision at the earliest preferably within a period of three months from the date of receipt of copy of this order.

5. It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioners are concerned. Respondent No.3 is directed to decide the claim/representation of the petitioner purely in accordance with the scheme/policy that the State Government has framed. It is also expected that respondent No.3 shall be passing an individual order in respect of the claim raised by each of the petitioners at

the earliest preferably within a period of four months from the date of receipt of copy of this order.

6. With the aforesaid observations, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit