A writ petition seeking compensation announced by the Chief Minister remains infructuous after the State deposited Rs. 2,00,000/- via cheque, leading the Court to dispose of the matter.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.4637 of 2017
Koyalo Devi ……… Petitioner
Versus
………. Respondents
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
--------For the Petitioner : Mr. Birendra Kumar, Advocate For the Resp.-State : Mr. Jai Prakash, AAG
8/07.11.2019 In pursuance to the order dated, 18.09.2019, counter affidavit has been filed.
This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the petitioner has sought for a direction upon the respondents to take all the essential and required steps for making payment of compensation amount of Rs.1,000,00/- to the petitioner as announced by the then Chief Minister State of Jharkhand but the said amount has not been paid, therefore, the present writ petition has been filed.
This Court has passed an order on 18.09.2019 directing the StateRespondent to file counter affidavit to be sworn by the Chief Secretary of the State of Jharkhand and in pursuance thereto, the affidavit has been filed and duly been sworn by the Chief Secretary of the State of Jharkhand, whereby and whereunder, at para-3, it has been stated that the Chief Minister was also the Minister of Energy during the relevant time i.e., when the death of son of the petitioner has occurred on 25.04.2006 and as such, taking into consideration the un-natural death, an announcement has been made by the Minister of Energy of the State.
It has further been stated that the ex-gratia compensation is to be made on the basis of the scheme floated by the Energy Department and in view thereof, on 22.10.2019, the petitioner-Koyolo Devi has been paid a sum of Rs.2,00,000/- vide cheque no.018255 dated 22.10.2019 issued by the Electrical Executive Engineer, Pakur,
Jharkhand as compensation amount which has already been received by the petitioner on the same day.
Mr. Birendra Kumar, learned counsel for the petitioner, has not disputed the aforesaid fact.
He fairly submits that the writ petition may be disposed of as rendered to be infructuous.
In view thereof, the writ petition is rendered to be infructuous, accordingly, disposed of.
(Sujit Narayan Prasad, J.)
Rohit/-
1 issue framed by the court
Whether a notice filed to the satisfaction of this Court the warrant of execution be applicable being public domain or not.
Koyalo Devi
The State of Jharkhand
The Deputy Commissioner, Pakur
Secretary, Jharkhand State Electricity Board, Ranchi
Sujit Narayan Prasad
As recorded by the court registry
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