IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (C) No. 2213 of 2010
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Vishnu Ram Bhagat ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Tribal Welfare Commissioner, Jharkhand
3. The Deputy Commissioner, Simdega
4. The District Welfare Officer, Simdega ... ... Respondents
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CORAM : HON'BLE MR. JUSTICE R. K. MERATHIA
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For the Petitioner : Mr. S. K. Deo, Advocate
For the Respondents : Mr. D. K. Dubey, G. P. I
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3. 24.03.2011
: Mr. S. K. Deo, learned counsel for the petitioner submitted
that petitioner filed a representation on 15.02.2010 for payment of
grant under the provisions of SC & ST (Prevention & Atrocities) Act
1989, but only a sum of Rs. 25,000/- was paid to him and thereafter
nothing has been done.
On the other hand, Mr. D. K. Dubey, learned State counsel
submitted that apart from the trial of criminal case instituted by the
petitioner, a Land Ceiling Case No. 1 of 1992-93 against Smt. Sarswati
Devi – wife of the petitioner and another case filed by her for
restoration being S.A.R. Case No. 12 of 2008-09 are pending. The
parties in land ceiling and land restoration case are not taking interest.
The petitioner’s case will again be placed before the District Welfare
Committee at proper time.
The parties are not in a position to inform this Court
whether petitioner is entitled to any benefit or not and to what extent.
In the circumstances, petitioner is permitted to make a
fresh representation before respondent no. 2 – The Tribal Welfare
Commissioner, Jharkhand, Ranchi. If he finds that petitioner is legally
entitled to any benefit, even during pendency of the said cases, he will
ensure grant of such benefits. However, if he finds that petitioner is
not entitled to the claim/part of it, the reasons thereof should be
communicated to him. This exercise should be completed as early
as possible and preferably within a period of three months from the
-2-
date of receipt of such representation.
It is made clear that this Court has not gone into the merits
of the claims of the petitioner.
With these observations and directions, this writ petition is
disposed of.
(R. K. Merathia, J.)
R. Shekhar Cp 2