Dismissed

Jatinder Pal Singh v. Union of India and Ors.

Delhi HC6 Dec 2018W.P.(C)/1414/2015

Case brief

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What is this about?

The High Court dismissed a writ petition filed by a petitioner claiming compensation for his father and uncle killed in the 1984 riots. The court held that factual disputes regarding the petitioner's relationship to the deceased were not suitable for determination through a writ petition and dismissed the matter due to default and lack of apposite remedy.

What did the court decide?

The petition was dismissed on both accounts of default and because the dispute regarding family relations is not an apposite matter for this court.

Jatinder Pal Singh Vs Union of India and Ors. — Pension and Retirement Benefits | Delhi HC (2018)

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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1414/2015

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JATINDER PAL SINGH ..... Petitioner

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Through: None.

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versus

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UNION OF INDIA AND ORS. ..... Respondents Through: Mr Ripu Daman Singh Bhardwaj, CGSC with Mr Suraj Kumar, Advocate for R-1/UOI. Ms Chandrika Gupta, Advocate for R-3 to R-6.

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CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R

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% 06.12.2018

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None appears for the petitioner. None had appeared for the petitioner on the previous hearing as well.

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The petitioner has filed the present petition, inter alia, praying as under:-

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“(a) Issue writ of Mandamus or any other writ directing the Respondent no-2 to disburse the compensation amount to the Petitioner being the legal heir of the deceased Sh. Attam Singh and Sh. Manga Singh who died in 1984 riots, and/or

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(b) Issue writ of Mandamus or any other writ directing the Respondent no-2 not to disburse the compensation amount announced by Respondent no-1.”

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The petitioner claims to be the son of Late Shri Attam Singh and is

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also the nephew of Late Shri Manga Singh who are stated to be fatalities of the 1984 riots. The petitioner, essentially, claims the compensation awarded on account of the death of Late Shri Attam Singh and Late Shri Manga Singh, who died in the 1984 riots. Respondent nos.3 to 6 claim to be daughters of Late Shri Attam Singh. They also claim the compensation for the death of Late Shri Attam Singh. According to respondent nos.3 to 6, the petitioner is not related to Late Shri Attam Singh and, therefore, is not entitled to any compensation on account of his death.

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They have also filed a school leaving certificate, which indicates that Shri Jewan Singh was the petitioner’s father. Plainly, the controversy involves disputed question of facts and it would not be apposite to examine the same in this petition. Accordingly, the petition is dismissed on both grounds, on account of default as well as for the reason that this is not an apposite remedy.

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VIBHU BAKHRU, J

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DECEMBER 06, 2018 MK

Jatinder Pal Singh v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Jatinder Pal Singh v. Union of India and Ors.

Case brief

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What did the court decide?

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