JUDGMENT : N. Paul Vasantha Kumar; CJ.:- 1. This LPA appeal is filed against the order made in OWP No. 149 of 1996 dated 10.09.2007, wherein the writ court ordered compensation of Rs. 04 lakhs to each of the petitioners, respondents 1 to 31 herein, for the loss of life of their respective close relative/dependent who have been killed in the incident and whose particulars are given in the writ petition with a further direction that this amount shall be in addition to the ex-gratia relief paid to them and the amount shall be paid within a period of three months. 2. The writ petition was filed by 31 persons against the Union of India and the State Government. The contention made before the learned Single Judge was that an incident which took place on 22.10.1993 at Bijbehara in which about 32 persons were killed and several others got injured. Information was lodged in the Police Station Bijbehara on the same date stating that after Friday prayers about 2000 to 3000 persons who had assembled near Jamia Masjid, Bijbehara, launched a peaceful protest against the siege of Hazratbal Shrine. They raised slogans and went towards National Highway and when they reached near Goriwan on the National Highway, BSF personnel from 47th Bn., who were on duty fired upon them due to which civilians got killed and injured. FIR No. 90/1993 was accordingly, registered under Section 302 & 307 RPC and the investigation commenced. In the incident following 31 persons got killed. 3. In the incident, the following 31 persons were killed: (a) Manzoor Ahmed Dar S/o Sonaullah Dar R/o Gad Hanjipora Zirpara Bijbehara. (b) Irshad Hussain Tak S/o Gh. Mohi-ud-Din R/o Bijbehara. (c) Javeed Ahmad Waza S/o Gh. Mohd. R/o Bijbehara. (d) Sheikh Shabir Ahmad S/o Sheikh Gh. Nabi R/o Badshah (e) Shabir Ahmad Shah S/o Abdul Majid @ Suliman. (f) Mohd. Saleem Boda S/o Late Gh. Ahmed Tak. (g) Afroz Ahmad Zargar S/o Ab. Rashid Zargar. (h) Gh. Mohd. Zargar S/o Mehda Joo. (i) Bashir Ahmad Wani S/o Gh. Ahmed Wani @ Sofi. (j) Mohd. Abdullah Sheikh S/o Gh. Mohd. (k) Kamal Ji Koul S/o Dawarika Nath (l) Mohd. Altaf Sheikh S/o Nazr Ahmed (m) Riyaz Ahmad Gutoo S/o Seraj-ud-Din Gutoo (n) Ghulam Ahad Pandit S/o Gh. Rasool (o) Mohd. Saleem Turray S/o Mohd. Abdullah (p) Mohd. Shafi Wagay S/o Mohd. Ramzan (q) Mukhtar Ahmad Gani S/o Mohd. Ahmed Wani @ Sofi. (j) Mohd. Abdullah Sheikh S/o Gh. Mohd. (k) Kamal Ji Koul S/o Dawarika Nath (l) Mohd. Altaf Sheikh S/o Nazr Ahmed (m) Riyaz Ahmad Gutoo S/o Seraj-ud-Din Gutoo (n) Ghulam Ahad Pandit S/o Gh. Rasool (o) Mohd. Saleem Turray S/o Mohd. Abdullah (p) Mohd. Shafi Wagay S/o Mohd. Ramzan (q) Mukhtar Ahmad Gani S/o Mohd. Shaban (r) Mohd. Iqbal Ganai S/o Mohd. Maqbool (s) Abdul Rashid Ved S/o Ab. Hamid (t) Manzoor Ahmad Budro S/o Gh. Qadir (u) Mushtaq Ahmad Hamdani S/o Gh. Nabi (v) Mohd. Shafi Hamadani S/o Mohd. Yousuf (w) Fayaz Ahmad Tak S/o Ab. Majid (x) Abdul Rehman Zaroo S/o Abdul Majid (y) Mohd. Ashraf Zargar S/o Khalil Mohd. (z) Manzoor Ahmad Zargar S/o Ab. Samad All residents of Bijbehara Anantnag. (aa) Gul Mohd. Kurchoo S/o Mohd. Ramzan (ab) Parveez Ahmad Dar S/o Mohd. Akber (ac) Showkat Ahmad Khanday S/o Mohd. Ramzan Resident of Zirpara Bijbehara. (ad) Gh. Hassan S/o Ab. Razak Waza (ae) Karim Ganai S/o Ramzan Ganai Residents of Pagal Pora Tehsil Kulgam. 4. The State Government ordered magisterial inquiry and inquiry report in the matter was submitted. In the reply filed by Inspector General of Police, Kashmir Province, it is stated that BSF personnel were found involved in the case and sanction for their prosecution was sought and the Deputy Inspector General, BSF, in its counter affidavit, has narrated the circumstances under which the incident took place. 5. The State Government sanctioned ex-gratia relief of Rs. 01 lakh in favour of next of the kin of the deceased vide order No. Divcom/Relief-257 of 1993 dated 27.12.1993. In the magisterial inquiry report, which was submitted to the State Government on 13.11.1993, recommended dismissal of accused persons who committed the killings followed with initiation of criminal proceedings and 11 security personnel who were allegedly involved in the incident were also identified. The said magisterial inquiry report was not disputed by the BSF or the police authorities. The accusations were found against the BSF personnel in the inquiry report submitted by the Magistrate and a finding was rendered stating that the firing was carried out without any provocation. 6. The writ petitioners filed the writ petition for directing the respondents to pay compensation to the tune of Rs. The accusations were found against the BSF personnel in the inquiry report submitted by the Magistrate and a finding was rendered stating that the firing was carried out without any provocation. 6. The writ petitioners filed the writ petition for directing the respondents to pay compensation to the tune of Rs. 50 lakhs each to the petitioners claiming to be legal heirs of the deceased persons and their relationship with the deceased persons is also mentioned in the affidavit. 7. The learned Single Judge has considered the compensation claim of the petitioners in light of the judgments of Hon’ble the Supreme Court and ordered the State Government to pay a sum of Rs.04 lakhs to each petitioner for the loss of life of their close relatives/dependants who have been killed in the incident. 8. The present appeal is preferred by the State of Jammu & Kashmir and the Director General only and the rest of the respondents have accepted the judgment. In the appeal, contention of the State Government is that writ court should not have directed them to pay the compensation in addition to the ex-gratia relief paid by it and it is also the contention of the appellants that the incident has not taken place at their instance or at the instance of any of their functionary. It is further stated that the State Government has already registered a criminal case of the incident and investigated the matter. After investigation, the BSF personnel involved in the case have been booked for prosecution and steps have also been taken for grant of sanction from the Central Government and if at all the compensation as ordered by the learned Single Judge is to be paid, the Central Government is exclusively liable to pay the same as the killings had happened at the hands of the BSF personnel. This is also the contention of the appellants that in the magisterial inquiry, no element of the State Government was found involved, as such, the order of the learned Single Judge giving direction to the State Government to pay the compensation is unsustainable and the direction issued to pay the compensation in the writ proceedings is also not sustainable. 9. We have considered the rival submissions. 10. The State Government is not disputing the incident resulting into killing of 31 persons. 9. We have considered the rival submissions. 10. The State Government is not disputing the incident resulting into killing of 31 persons. The State Government ordered magisterial inquiry and in the inquiry report adverse inference has been drawn against the BSF personnel and based on it, the State Government has also sought for sanction to prosecute the BSF personnel. A criminal case was also registered and the same is in progress. Thus, the fact about the killing of 31 persons is not disputed. The State Government has also paid a sum of Rs.01 lakh each to the kind of the deceased persons as ex-gratia relief. The petitioners had prayed for payment of Rs.50 lakhs to each of the petitioners being the legal heirs of the deceased persons. The learned Single Judge has gone into the qualification and the earning of each of the deceased persons and quantified the compensation payable at Rs.04 lakhs to each petitioner apart from the ex-gratia relief of Rs. 01 lakh already paid. There is no perversity in the order. 11. The main contention raised by the appellants in this appeal is that the learned Single Judge was not justified in directing the State Government to pay the compensation. The said issue, namely, as to whether the State Government can be saddled with the liability to pay the compensation or the Central Government in such cases, was considered by this court (this Bench) in LPA No. 74/2007 decided on 11.08.2015. In paragraph-17, it is held thus: “.....The respondent No. 3 is therefore to pay compensation to petitioner. However, respondents 1 & 2 cannot escape from liability to pay compensation as it is at their instance that BSF has come to aid and assistance of respondents 1 & 2 for maintenance of law and order. The respondents 1 & 2 therefore are to pay the compensation awarded, from Security Related Expenditure (SRE) provided by Central Government or in absence of availability of such funds to mobilize their source to pay compensation to the appellant.” 12. In such circumstances, the appeal preferred by the State Government disputing the liability to pay the amount and seeking direction against the Central Government to pay the amount as ordered by the learned Single Judge cannot be sustained. 13. Learned AAG, produced a cheque for a sum of Rs. 31 lakhs drawn in favour of the Registrar Judicial of this Court. 13. Learned AAG, produced a cheque for a sum of Rs. 31 lakhs drawn in favour of the Registrar Judicial of this Court. The same shall be deposited with the Registry and the Registry shall release the said amount in favour of the petitioners equally i.e. Rs. 01 lakh to each petitioner-Respondents 1 to 31 herein. The remaining amount of Rs.93 lakhs shall be deposited by the appellants with the Registrar Judicial of this Court within three months from today and on such deposit, Registrar Judicial shall release the same at the rate of Rs.03 lakhs to each writ petitioner. 14. The appeal is accordingly disposed of in above terms. No costs.