JOYMANON MAIBANGSA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Misc. case has been filed by applicant, Rajkumar Maibangsa (writ petitioner No. 2), for a direction to the Respondent No. 3 to issue fresh draft in his name for an amount of Rs. 1. 50 lakhs, which was awarded as compensation in connection with W. P. (C) No. 8287/2001.

(2.) HEARD Mr. A. C. Borbora, learned senior counsel assisted by Mr. K. Dutta, learned counsel for the applicant. Also heard Mr. A. C. Buragohain, learned Standing Counsel CBI, Mr. B. C. Das, learned Amicus Curiae and Mrs. B. Goyal, learned Government Advocate, Assam.

(3.) IN the instant case, out of the two petitioners, in the in W. P. (C) No. 8287/2001, who were awarded a compensation of Rs. 1. 50 lakhs by an order dated 11. 5. 2006 of this Court, the first writ petitioner Sri Joymanon Maibangsa died during the pendency of the matter and after his death, the applicant herein (writ petitioner No. 2) approached this Court by way of this Misc. case praying for a direction to the Respondent No. 3 to issue a draft for the entire amount of Rs. 1. 50 lakhs in his favour. The amount of compensation was awarded under the Public Law Damages on account of killing of Sri Nibulal Langthasa, son of Joymanon Maibangsa (Writ Petitioner No. 1) and brother of the applicant in the present Misc. case. It has been admitted by the applicant that the deceased was married and at the time of his death, his wife was pregnant. It is to be noted herein that the wife of the deceased was not made a party in the writ proceeding nor any information was furnished to the Court in respect of the offspring.