llf^F Nn. rtoc f^iy gi«i®Q®B<5»<S-Q ^r^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G) W.P. No. 3^3^ of 2003 / PETITIONERS: .9%^ .-•^y ^^-^>- •.•^^ '^ ^ y€ ,:..y<>V ^^csxyyr//^v. ^v^%) G^^V G\®'^° 1. Karmabai Sarthi mother ofdeceased Dinesh Sarthi R/o Saraibhadra P.S. & Dist: Raigarh. Chhattisgarh 2. Bihari Mati widow of deceased Yadram Sahu R/o Saraibhadra P.S & District Raigarh. Chhattisgarh 3. Chamar Singh Sidar father ofdeceased Manglu Sidar R/o Saraibhadra, P.S. & Dist: Raigarh. Chhattisgarh. 4. Suresh Sarthi son of deceased Labhoram Sarthi R/o ofSaraibhadra P.S. & Dist: Raigarh. Chhattisgarh. 5. Gopal Prasad Sahu son ofdeceased Khemlal Sahu R/o Gandhi Nagar, Saraibhadra PS.&Dist: Raigarh.Chhattisgarh. (Petitioners Nos 1 to 5 are kin of deceased) 6. Chitrasen Chowhan son ofDaya Sagar Chowhan aged about 33 years, R/o Saraibhadra P.S. & Dist: Raigarh. Chhattisgarh. 7. Sukhidas Mahant, aged about 60 years S/o Usat Ram Mahant R/o of Saraibhadra, P.S. & Dist: Raigarh. Chhattisgarh. 7. MehtarSarthi S/o Firtu Sarthi, aged about 35 years, R/o ofSaraibhadra, P.S. & Dist: Raigarh. Chhattisgarh. 9. Baleshwar Gaud. s/o Ram Awadh aged about 35 years, R/o ofSaraibhadra, P.S. & Dist: Raigarh. Chhattisgarh. 10. Sahni Sidar S/o Ganda Ram aged about 35 years, R/o ofSaraibhadra P.S. & Dist: Raigarh. Chhattisgarh. 11. Bhagirathi Chowhan S/o. Nanki Chowhan aged about 50 years, R/o ofSaraibhadra P.S. & Dist: Raigarh. Chhattisgarh.. '"-Saa.-iE^^raafe PAfF Nn F M l;] 1.. , ^ V. s®fi.»<»s@e«®o / 12. Trmath Bareth S/o Premsingh Bareth, aged about 27 years, R/o ofSaraibhadra P.S. & Dist: Raigarh. Chhattisgarh. 13. Lalluram sahu S/o Bharatram Sahu, aged about 40 years, R/o ofSaraibhadra, P.S. & Dist: Raigarh. Chhattisgarh. (Petitioners No.6 to 13 are survivors) Versus 1 ".i RESPON»ENTS: l^A*^ 1. State ofChhattisgarh Through its Chief Secretary, Mantralaya^ Raipur. 2. Principal Secretary, Revenue and Excise Department, Govt. ofChhattisgarh. At Mantralaya, Raipur, Chhattisgarh 3. Principal Secretary, Home Department, Govt. ofChhattisgarh. At Mantralaya, Raipur, Chhattisgarh 4. Commissioner ofExcise, Govt. ofChhattisgarh. At Barren Bazar. Raipur, Chhattisgarh 5. Collector cum District Magistrate, Govt. ofChhattisgarh. At /PO/ PS /Dist: Raigarh. Chhattisgarh 6. Superintendent ofPolice, Raigarh District, Govt. ofChhattisgarh. AT/PO/PS/ Dist: Raigarh. Chhattisgarh 7. District Excise Officer, Govemment of Chhattisgarh At/PO/PS/Dist: Raigarh Chhattisgarh. 8. OflBcer in charge, City Kotwali Police Station, Raigarh, Chhattisgarh. 9. Ward Member, Raigarh Nagar Nigam, elected and representing Saraibhadra ward. At/PO/PS/Dist: Raigarh 10. Tulsi Kevat S/o Ramprasad Kevat. At Saraibhadra (Absconding) At/PO/PS/Dfet: Raigarh, Chhattisgarh 11. Ajay Sahoo S/o Laxman Sahoo Residing at S^raibhadra. At/PO/PS/Dist: Ragigarh, Chhattisgarh 12. Sanjay Sahoo S/o Laxman Sahoo Re^ding at Saraibhadra. At/PO/PS/Dist: Ragigarh, Chhattisgarh h I—-- ffftaF Nn ----•i«A04sl'ie®®B»»ls 13. Laxmandas Rawlani S/o Motumal Rawlani, R/o. Main Road, Brijrajnagar, Dist. Jharsuguda. Orissa. 14. Principal Secretary, Home Department. Government ofOrissa. At Secretariat, Bhubneshwar. Orissa. 15. District Collector District Jharsuguda AT/PO/PS/Dist: Jharsuguda. Orissa. 16. Supermtendent ofPolice District: Jharsuguda AT/PO/PS/Dist: Jharsuguda. Orissa. PETITION UNDER ARTICLE 22:€ and ^27 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPRORPIRATE WMT/ OF MANDAMUS AND FOR OTHR WMTS AND DIRECTONS HIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER WRIT PETITION No. 3533 of 2003 : Karmabai Sarthi & Others. ^ VERSUS R&SPONDENTS : StateofChhattisgarh& Others. PETmON UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Aenihotri, J. Present: Shri N.P.Dubey, Advocate for the petitionet. Shri M.P.S.Bhatia, Deputy Government Advocate for the State/respondent No. 1 to 8. Shri Amit Sharma^ Advocate for the respondent No. 11 and 12. ORDER(ORAL) (Passed on 21st day of July, 2010) 1. By this petition, the petitioners seek compensation to the tune ofRs. 3 lacs to each of the next of the kin of the deceased which may be deposited in a nationalized bank, and further, a compensation dfRs. 1.5 / lacs to the survivors, to be dposited in a nationalized bank. 2. The facts^ as pointed out by the State is that on account of consumption of illicit liquor, six persons died. The petitioners are survivors even after consuming the illicit liquor, who have filed this petition without specifying asto from whom they are claiming compensation. 3. On perusal of the pleadings, there is no prayer asto from whom the compensation has been sought, whether it is the State authorities or the private respondents. Thus, the prayer is very vague. 4. As per learned counsel appearmg for the State, an ex-gratia amount of Rs. 15,000/- has been granted to the family members of the victims (Annexure R/l). The State may not be held liable for making compensation for the illegal act committed by the respondent No. 10 to 13. It is a matter ofpolicy decision ofthe State Government to make ^ '•" .J^ -"\ ^/ ^•.-.. ^^f ^:-^^^' ^^ some ex-gratia payment. Even in a case where citizens of this State consume iliicit liquor, there is no obligation under any provisions oflaw to make payment to the affected people also who have after consuming illicit liquor, survived. Even the payment made was ex-gratia to the dependent family members of the petitioners. The instant petitidn filed by the petitioners, is frivolous and without any basis. On the other hand, Shri Sharma, leamed counsel appearing for the respondent No.ll and 12submits that the prosecution has already been lodged against the persons responsible for the alleged incident and the samehas resulted into conviction and sentence to life imprisonment. Be that as it may, in this vague petition, without specifying the liability of a person or without specifying asto who have to pay the compensatioh, #no relief can be granted. If the petitioners who are survivors and dependents of the deceased, feel that they suffered on account of default committed by some private persons., they may take recourse to appropriate forum., as may be provided under law. In view of the foregoing, the petition being devoid of merit, is accordingly dismissed. No order asto costs. Sd/- Satish K. Agnihotri Judge Amit