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Vishnu Ram Bhagat Vs State of Jharkhand and Others

Case No: Writ Petition (C) No. 2213 of 2010

Date of Decision: March 24, 2011

Citation: (2011) 2 JCR 525

Hon'ble Judges: R.K. Merathia, J

Bench: Single Bench

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Judgement

@JUDGMENTTAG-ORDER

R.K. Merathia, J.@mdashMr. S. K. Deo, learned Counsel for the Petitioner submitted that Petitioner filed a representation on 15.02.2010 for

payment of grant under the provisions of SC & ST (Prevention & Atrocities) Act'' 1989, but only a sum of Rs. 25,000/- was paid to him and

thereafter nothing has been done.

2. On the other hand, Mr. D. K. Dubey, learned State counsel submitted that apart from the trial of criminal case instituted by the Petitioner, a

Land Ceiling Case No. 1 of 1992-93 against Smt. Sarswati Devi wife of the Petitioner and another case filed by her for restoration being S.A.R.

Case No. 12 of 2008-09 are pending. The parties in land ceiling and land restoration case are not taking interest. The Petitioner''s case will again

be placed before the District Welfare Committee at proper time.

3. The palies are not in a position to inform this Court whether Petitioner is entitled to any benefit or not and to what extent.

4. In the circumstances, Petitioner is permitted to make a fresh representation before Respondent No. 2 The Tribal Welfare Commissioner,

Jharkhand, Ranchi. If he finds that Petitioner is legally entitled to any benefit, even during pendency of the said cases, he will ensure grant of such

benefits. However, if he finds that Petitioner is not entitled to the claim/part of it, the reasons thereof should be communicated to him. This exercise

should be completed as early as possible and preferably within a period of three months from the date of receipt of such representation.

5. It is made clear that this Court has not gone into the merits of the claims of the Petitioner,

6. With these observations and directions, this writ petition is disposed of.