THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1946 OF 2002 JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) The unsuccessful writ petitioners are the appellants before us aggrieved by the dismissal of W.P.No.18014 of 2001 dated 23.09.2002, whereunder they sought a Writ of Mandamus seeking a direction to the respondents to provide reasonable amount for the maintenance of the second appellant during her minority towards her basic needs to live upon in recognition of Right to Live as contained in Article 21 of the Constitution of India having regard to the fact of her birth on 12.12.1996 even after Tubectomy operation conducted on 06.04.1990. Learned Single Judge did not find favour with the appellants' claim and dismissed the Writ Petition at the admissionstage. Learned counsel appearing for the appellants placed reliance on the decisions reported in Shakuntala Sharma and another v. State of U.P.[1] , Achutrao Haribhav Khodwa & Ors v. State of Maharashtra & Ors[2] and Rajmal v. State of Rajasthan & Anr.[3] and submitted that this Court can as well grant the quantum. However, we are not inclined to accept the said submission. No doubt, in the decisions reported, it is held that in the similar circumstances, the State is liable for punishment. Necessarily, the fixation of the liability and quantum can be done by competent Court or Forum as provided for under the law but not by this Court in exercise of its extraordinary jurisdiction. In view of the same, we are in entire agreement with the decision of the learned Single Judge. Accordingly, the Writ Appeal is dismissed leaving open for the appellants to work out their remedies before the appropriate Court or Forum as provided for under the law. No costs. It is also made clear that as and when the appellants approach the said Court or Forum, their claim can be decided on merits, without being influenced by any of these proceedings. _________________ (B.PRAKASH RAO, J) _________________ (SANJAY KUMAR, J) 4th August 2009 RRB [1] 2000 (2) ALT (Crl.) 10 (NRC) [2] AIR 1996 SC 2377 [3] AIR 1996 Rajasthan 80