INDER PURI GENERAL STORE Vs. UNION OF INDIA

JUDGEMENT

(1.) In the unfortunate communal riots which took place in holy city of Jammu on 13/01/1989, the petitioners, all belonging to Sikh Community, suffered losses detailed in the petition. They have prayed for the issuance of a direction to the respondents to pay them the compensation to the extent of losses actually suffered by them as shown in Annexures P1 to P7 of the petition.

(2.) It is submitted that the property of the petitioners was destroyed in the riots and the respondent-authorities failed to provide them protection as is the mandate of law adopted and followed in this democratic, socialist, secular State. The District Magistrate is alleged to have conducted a summary inquiry to assess the losses and damages which are shown in the statement attached with the petition.

(3.) In the counter-affidavit filed on behalf of the respondents it is submitted that as the petitioner-firms are not registered under the Partnership Act, they have no right to file the present petitions, under Sec. 69 of the Part-nership Act. It is submitted that the peti-tioners have raised disputed questions of fact which could net be gone into or determined by this Court in exercise of the writ juris-diction. It is alleged that the petitioners have no fundamental, legal or statutory right in seeking compensation from the respondents. It is, however, admitted that the communal riots broke out in the city of Jammu due to the alleged active connivance of anti-national and anti-social elements resulting in injuries and deaths of members of the Hindu and Sikh Communities. It is also admitted that the petitioners suffered losses to their properties in those riots. The communal riots are alleged to have been engineered by some anti-national forces and members of some communities. The respondent-State initiated all measures to curb and prevent anti-national and anti-social activities. The State Govt. issued Govt. Order No. Rev-ER-21/89 dated 23-1-1989 sanctioning the grant of ex gratia relief in favour of the persons who lost their lives or sustained injuries or suffered losses of their properties. A Committee was constitut-ed comprising of S/Shri Harbans Lal, Tehsil-dar and Qamar-ud-Din, Addl. Tehsildar, for assessing the losses suffered during the riots. The said committee was to work under the supervision of the Asstt. Commissioner (R) Jammu. The committee assessed the losses caused to various firms and business enter-prises in the city including the petitioners the details of which have been shown in An-nexures R-3 to R-5. According to the Gov-ernment decision the persons who had suf-fered loss of property were granted ex gratia relief up to a maximum of Rs. 25,000.00 which has already been paid to the petitioners. The provisions of Arts. 14, 19 and 21 of the Constitution have not been violated as claim-ed by the petitioners. The writ petition is alleged to be misconceived and liable to be dismissed.