LOKENDRA KUMAR SENGUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) -The present Rule was issued on 12th June, 1991 at the instance of the writ petitioners praying, inter alia, for a Writ of Mandamus calling upon the respondents to act according to law and in terms of the Government's Resolution dated 15th March, 1971 (Annexure A4) to the writ petition read with Annexure C, letter dated 4th March, 1986 and directing the respondents concerned to pay to the petitioners their final dues on the basis of their verified claims and/or take steps to resolve to them their properties which are now in the hands of Bangladesh Government in terms of the said Resolution and Tashkent Agreement and in any event as a matter of their inalienable human rights as per relevant conventions and charter of the United Nations and for necessary directions upon the respondents to dispose of the petitioners' case in appreciation of the age and failing health and to settle their claims with immediate effect as well as to implement their accepted and admitted position as contained in Annexures 'AA' to the writ petition.

(2.) It is stated in details that the petitioners possessed consideration landed properties and assets, mostly in Comilla, Jessore, Khulna, Barisal, Rajsahi and Mymensingh of undivided Bengal, formerly East Pakistan and now Bangladesh. The petitioners are alleged to be freedom fighters and they are suffering from various physical ailments. The petitioners are all aged about 70 years and they are in failing health. It is placed on record that the Government of India intended for ad-hoc interim payment as per the Resolution dated 15th Much, 1971 (Annexure A-4 to the Writ petition).

(3.) The grievances of the writ petitioners are that the respondents have not faithfully followed and are not implementing the terms and conditions of the Government Resolution, Annexure A-4 read with the relevant enactments and bilateral treaties, as referred thereto. In view of the clear admission of the Government of India the petitioners are entitled to reliefs, as prayed for, and the relevant claims and grants as indicated above.