IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.16414 of 2009
RAJ KUMARI DEVI
Versus
THE STATE OF BIHAR & ORS
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02. 02.12.2010 This writ petition was filed after serving two
copies in the office of the Advocate General, on 20.11.2009.
More than one year has passed, but the respondents
unfortunately have not considered it necessary to assist
the Court in timely dispensation of justice.
The relief prayed for is for compensation on
account of the death of the son of the petitioner in the
floods in the year 2007. It is her case that compensation
has been granted to others similarly situated, but the
petitioner is being discriminated. She has filed an
application in the prescribed form with proof of death on
31.10.2007 vide Registration No. 08.
The claim primarily arises under an executive
policy. If a counter affidavit had been filed, the Court
would have received proper assistance at this stage itself. If
it is adjourned for that purpose now, the writ application
shall then take its normal position in the cause list as a
pending matter to come up for fresh consideration years
later. Learned counsel for the State however seeks four
weeks time to file counter affidavit.
While granting four weeks time for filing of
counter affidavit, this Court directs the District Magistrate,
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Samastipur to consider the application of the petitioner.
The pendency of the writ application does not inhibit him
in any manner from dealing with the application in
accordance with law and disposing it off accordingly by a
reasoned and speaking order, preferably within a
maximum period of six weeks from the date of
receipt/production of a copy of this order.
Needless to state that, if the District Magistrate
finds justification in the claim or in any part of the claim
under any policy decision, he shall not await the final
disposal of the writ application, but shall proceed to pay
the legitimate dues of the petitioner as assessed by him
within a period of six weeks from the date of receipt/
production of a copy of this order.
List this matter after four weeks.
P.K ( Navin Sinha, J.)