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2013 DIGILAW 712 (PAT)

Wahid Naddaf @ Baidhi Naddaf v. State Of Bihar

2013-06-27

AJAY KUMAR TRIPATHI

body2013
ORAL ORDER The time has come when the Court should stop monitoring this issue and pass a decisive order directing the District Magistrates of Bhagalpur and Banka to take a final decision on the so-called new claimants on a fixed modality which they would like to utilize in deciding such claims. 2. No doubt, the infamous riot, which happened in Bhagalpur in the year 1989, is beyond two decades old and the first round of settlement of claims has already been achieved. Since new claimants have now emerged, may be at a belated stage, it does not mean that the State has no obligation to decide their claims after verifying the authenticity of such claims. Keeping the matters pending are only going to multiply such claims as well as chances of phoney or hoax claims cannot be ruled out. 3. The Court, therefore, directs the District Magistrates of Bhagalpur and Banka now to examine the new claims, which are pending before them, and communicate their decision to the claimants within a reasonable time frame with an outer limit of six months from today. Whatever claims are found to be genuine will run their course and whatever cannot be established must be told so by way of order duly communicated to them stating the reason thereof. If somebody is aggrieved by such an adjudication or communication, they will have right to approach appropriate forum or court but it is high time the issues are given finality by taking a decision. 4. Learned counsel for the petitioner submits that the State Government is using two different yardsticks in considering such claims as to who are persons who come within the ambit of definition of ‘next of kin’. It is his stand that there are two circulars, which are dated 29th of December, 1989 and 1st of November, 2007. The authorities are using the parameters or the definition of next of kin according to their convenience. This is one of the aspects which must be looked into by the District Magistrate of Bhagalpur as well as Banka since there has to be consistency in decision making process. 5. Writ application stands disposed of with the above direction with a caution to the District Magistrates that they must stick to the time frame, which has been laid down by this Court. 6. 5. Writ application stands disposed of with the above direction with a caution to the District Magistrates that they must stick to the time frame, which has been laid down by this Court. 6. So far as obligation of the Central Government to release funds for payment of compensation to the victims is concerned, taking into consideration the email communication made with counsel for Union of India, their obligation shall remain provided the directive issued by them to the Chief Secretary dated 21.5.2013 and the modalities indicated therein are followed before forwarding such claims to Union of India.