SALIKA BIBI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Prayer in this writ application is for a direction in the nature of mandamus commanding upon the Respondents to pay adequate compensation to the petitioner and also to make suitable arrangement for the protection of the life of the petitioner as well as the life and the properties of the members of her family and further to provide employment to one of the male members of the petitioner s family on the ground that the petitioner s family has suffered loss of life and property at the hands of the extremists and the petitioner s eldest son was killed at the hands of the extremists in the year 1994. The further prayer has been made to quash the order dated 15 04 2004 passed by the Respondent No. 4 whereby the petitioner s representation filed pursuant to the earlier order of this Court passed in W.P.(C) No. 5978 of 2003, was rejected.

(2.) Petitioner s ease in brief is that the petitioner who is a widow and her family owns about 300 Acres of lands situated at Village Kelhar, P.S. Chainpur, within the District of Palamau. In the year 1992, tin extremists had kidnapped the petitioner s son namely, Iftekhar Khan and under threats, had looted away the licensed rifle and gun of the petitioners family. Two years later in 1994, the extremists again kidnapped the two sons of the petitioner, namely, Iftekhar Khan and Bakhtekhar Khan and killed the elder one, namely, Iftekhar Khan. Later, a Police picket was posted at the village-Kelhar for protection of the petitioner s family but in the year 1998, the same was removed. Since, thereafter, the petitioner and the members of her family have been living under constant threat of the extremists, who are very much active and openly operating in her village. The extremists have threatened the petitioner and her family members to leave the village in order to grab the land of the petitioner. Because of the threat of the extremists, the male members of her family have started residing at Daltonganj and only the female members of her family are living in the village. On 26.02.2001 at 6 P.M., the extremists about 100 in number in Police uniform armed with fire arms, raided the aforesaid village and after ousting the petitioner and her family members from their house, set ablaze the house on fire and also damaged the household properties. They also burnt the Truck and the other vehicles parked within the house and took away with them two buffalos, 17 cows, 4 goats and other cattle besides large quantities of moveable household properties and ornaments etc. of the petitioner s family. While retreating, the extremists took away alongwith them one of her family members namely, Munna @ Kurban who was subsequently killed by them. They had also taken away with them one of the servants Tupra Parhaiya and a maid servant Sinita.

(3.) Learned Counsel for the petitioner submits further that earlier, the petitioner moved this Court vide W.P.(S) No. 5978 of 2003 with the same prayer. The said writ application was disposed of vide order dated 09.12.2003, directing the petitioner to file a fresh representation before the Deputy Commissioner, Palamau and with a corresponding direction to the Deputy Commissioner to consider the petitioner s representation in the light of the judgment passed in the case of Snmetri Devi and Anr. v. State of Jharkhand, 2003 (2) JCR 192 and to pass a speaking order and communicate the same to the petitioner.