Disposed

Punam Devi v. The State of Bihar

Patna HC3 Jul 2023CWJC/18477/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a widow, sought a direction for an officer to assist her in claiming financial assistance from a shipping company regarding her missing son. The Court directed the District Magistrate to depute such an officer and disposed of the petition.

What did the court decide?

Directed the District Magistrate to depute an officer to assist the petitioner in obtaining financial assistance promised by the company.

Punam Devi Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18477 of 2022

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Punam Devi W/o Late Bhagirath Jha, Resident of Village-Sankorth, Ward No. 09, Post-Sarisubpahi, P.S. Pandaul, District Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Home Department, Government of Bihar, Patna.

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The Director General of Police, Government of Bihar, Sardar Patel Bhawan, Nehru Path, Patna.

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The Inspector General of Police, Government of Bihar, Darbhanga Division, Darbhanga.

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The Commissioner, Darbhanga Division, Darbhanga.

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The District Magistrate, Madhubani.

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The Superintendent of Police, Madhubani.

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The Sub-Divisional Officer, Madhubani.

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The Station House Officer, Pandaul Police Station, District-Madhubani.

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M/s Sinai Maritime Services Pvt. Ltd. through its Managing Director, 310, Tropinex House, 15, Sholapur Street, Masjid Bunder East, Mumbai-400009.

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The General Manager, Sinai Maritime Service Pvt. Ltd., 310, Tropinex House, 15, Sholapur Street, Masjid Bunder East, Mumbai-400009.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Chandra Mauli Chaurasia, Advocate For the Respondent/s : Mr.Sheo Shankar Prasad (Standing Counsel-8) ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 03-07-2023 1. The present writ petition has been filed seeking the following reliefs:-

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“1.(i) For issuance of a writ in the nature of Mandamus commanding the respondent no. 6 to depute or appoint an officer to assist the petitioner in order to take away her

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Patna High Court CWJC No.18477 of 2022(2) dt.03-07-2023 2/4

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to the office of the Respondent No. 10 for fulfilling certain formalities to get the compensation or financial Assistance to the petitioner as promised and admitted by the respondent no. 10 on humanitarian grounds in pursuant to the direction given by the National Human Rights Commission, New Delhi vide order dated 02.03.2020 contained in Annexure-4 of this Writ Application and also in view of Annexure-2 and 3 series of the Writ Application since the only son of the petitioner namely Rakesh Kumar Jha, aged about 28 years has been missed while he was on active duty in the ship of the Respondent No. 10 and he has not been traced out as yet.

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(ii) For issuance of a Writ in the nature of 'Mandamus' commanding the respondents authorities concerned to direct the respondents No. 10 and 11 to make payment of due reasonable compensation or financial assistance to the petitioner immediately in pursuant to the orders or direction given by the

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Patna High Court CWJC No.18477 of 2022(2) dt.03-07-2023 3/4

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National Human Rights Commission, New Delhi contained in Annexure-4 of this Writ Application and also in view of the own admission of the Respondent No. 10 itself in various letters issued by the Respondent No. 10 contained in Annexure-2 and 3 series of the Writ Application itself since the only son of the petitioner namely Rakesh Kumar Jha has missed while he was on duty on the ship of the Respondent No. 10 in the sea on 3.5.2017 and has not been traced out as yet and the said son was the only source of the livelihood and maintenance of the petitioner for which no any compensation has been paid to the petitioner till date.”

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At the outset, the learned counsel for the petitioner has submitted by referring to the proceedings of the National Human Rights Commission, New Delhi dated 02.03.2020, whereby and whereunder, the District Magistrate, District-Madhubani has been directed to depute an officer to assist the complainant in fulfilling the

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Patna High Court CWJC No.18477 of 2022(2) dt.03-07-2023 4/4

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formalities to get the financial assistance as promised by M/s. Sinai Maritime Services Private Limited on humanitarian grounds, that the District Magistrate, Madhubani be directed to depute an officer to assist the petitioner in fulfilling the formalities to get the financial assistance, as aforesaid.

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It is directed accordingly. 4. The writ petition stands disposed off.

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(Mohit Kumar Shah, J)

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S.Sb/-

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Punam Devi v. The State of Bihar

Case brief

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Punam Devi v. The State of Bihar

Case brief

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