Syed Ashfaq Ali Syed Ishaque Ali v. Union Of India And ORS
(1) W.P. No. 3194 of 2000
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Writ Petition No. 3194 of 2000 District : Nanded Syed Ashfaq Ali s/o. Syed Ishaque Ali, Age : 49 years, Occupation : Govt. Service, R/o. Inamdar Mohalla, Bhokar, Taluka Bhokar, District Nanded.
.. Petitioner.
versus
1. The Union of India, through Ministry of Foreign Affairs, South Block, New Delhi.
2. The Chief Secretary, Home Ministry of India, South Block, New Delhi.
.. Respondents.
...........
Ms. A.N. Ansari, Advocate, for the petitioner. Mr. Bhushan B. Kulkarni, Standing Counsel, for respondent nos.01 and 02.
...........
CORAM : V.M. KANADE & SANGITRAO S. PATIL, JJ.
DATE : 04TH JANUARY 2017 ORAL JUDGMENT (Per V.M. Kanade, J.) :
Heard the learned Counsel appearing on behalf of the petitioner and the learned Standing
(2) W.P. No. 3194 of 2000 Counsel appearing on behalf of respondent no.01 and 02 - Union of India.
02.
By this petition filed under Article 226 of the Constitution of India, the petitioner is seeking writ, order and direction, directing the respondents to take steps for the purpose of seeking death compensation from the Government of Saudi Arabia. 03.
Brief facts which are relevant for the purpose of deciding this Writ Petition are as under :- The father and mother of the petitioner had gone to Jeddah for the purpose of Haj pilgrimage in 1979. Unfortunately, both of them met with the accident and died on 06.11.1979. Death certificates were issued to the petitioner by letter dated 14.06.1980. It is the case of the petitioner that all relevant documents were sent to the Embassy of India at Jeddah by letter dated 10.03.1985. The petitioner was informed by letter dated 12.05.1985, that he could cancel earlier power of attorney and he could execute the power of attorney in favour of Ambassador of India at Jeddah. Accordingly, the petitioner revoked earlier power of attorney and gave power of attorney to Ambassador of India at Jeddah. Thereafter, several efforts were made by the petitioner by writing letters to various authorities. However, the petitioner has not yet received compensation from Government of Saudi Arabia.
(3) W.P. No. 3194 of 2000 04.
In our view, there is gross delay in approaching this Court by the petitioner. The petitioner's father and mother died in the year 1979 and the present petition has been filed in the year 2000, almost after 21 years. From the material on record, it appears that the Embassy of India at Riyadh has submitted relevant documents to the Government of Saudi Arabia. However, no favourable response has been received from that Government so far.
05.
In the circumstances, we direct the Union of India to pursue the matter further with the Embassy of Riyadh in India, as expeditiously as possible and in any case, within 12 (twelve) weeks after placing the papers submitted by the petitioner and to take further steps to receive compensation from the Government of Saudi Arabia.
06.
Rule made absolute in the aforesaid terms.
In the circumstances of the case, parties shall bear their own costs.
( Sangitrao S. Patil ) ( V.M. Kanade ) JUDGE JUDGE ...........
puranik / WP3194.00