SAMETRI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition the petitioners have prayed for appropriate direction upon the respondents for payment of adequate compensation on account of death of her husbands who have said to have been brutally murdered and the property and belongings were completely damaged by the members of extremists called M. C. C.

(2.) It is contended by the petitioners that they are the young widows of late Deo Narayan Patel and Bishnath Patel of village Banhe P. S. Bachra district Hazaribagh and they are worst sufferers and victim of the barbarous and brutal acts of the extremists in the locality. Their husbands have been murdered in the prime of their youth leaving the petitioners and their valuable articles have been completely burnt and damaged by setting ablaze for which two criminal cases have been instituted being Case No. 41/96 and 67/96 under S. 302 and other sections of the I.P.C. Petitioners approached several times to the Deputy Commissioner, Hazaribagh and gave their grievances in writing but fill date they have been paid only Rs.40,000.00 and Rs.30,000.00 respectively by way of compensation. It is contended by the petitioner that similar type of instance had occurred in the same police station, whereby about five persons were killed and the Government paid Rs.1,00,000.00 each to their heirs and also provided Government job.

(3.) Respondents filed their counter affidavit, in which it is stated that petitioners were paid a sum of Rs.20,000.00 each in terms of letter of the Government bearing memo No. 1701 dated 21-9-1987. It is stated in the counter affidavit that a Kuchha house with tiled roof was built partially and the story of loot and damages to the house and articles are false and fabricated. It is contended by the respondents that ex-gratia grant cannot be claimed as a matter of right.