IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1588 of 2010 1. RAJIV KUMAR JAISWAL S/O KANHAIYA PD. JAISWAL @ KANHAIYA PD. (SON OF DECEASED JAGARNATH SAH) PERMANENT R/O VILL.- KESHRAURA KALA, P.S.- ADHAURA, DISTT.- KAIMUR (BHABHUA), PRESENT R/O VILL.- SABAR, P.S.- SABAR, DISTT.- KAIMUR AT BHABHUA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY BIHAR, PATNA 2. OTHERS NAME NOT MENTION IN DRAFT 3. OTHERS NAME NOT MENTION IN DRAFT ----------- 2/ 05/04/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is the ambitious grandson of the deceased Jagarnath Sah who seeks easy access to the benefits of life over the ashes of his grand father by grant of compensation and employment in Government service on a claim for the killing of his grandfather by what he alleges is extremists. The deponent in his affidavit dated 21.12.2009 describes himself as 32 years. On 15.12.1996 he was thus 19 years of age. The assassination of the deceased led to the institution of Adhaura P.S. Case No.35/96 dated 15.12.1996. The deceased had two sons Surendra Prasad Jaiswal and Kanhaiya Prasad Jaiswal. The petitioner is the son of the latter. The petitioner himself acknowledges that his family members came to this Court in C.W.J.C. No.6454/99. The writ application was withdrawn on 14.8.2003 after some arguments to file appeal in view of the judgement of this Court in the 2 case of Dharamsheela Kuar Vs. State of Bihar in 2002(3) P.L.J.R. 497. It is a matter of common knowledge that if there was an appellate remedy available, the writ petition would have been withdrawn outright to avail the alternative remedy and not after some arguments. Writ applications are withdrawn after some arguments only when the litigant finds that he was unable to persuade the Court and thus to avoid an adverse verdict he prefers to withdraw the writ application. The family members of the petitioner therefore withdrew the writ application and preferred an appeal on 15.10.2003 which has been rejected on 4.8.2007 stating that the assassination of the deceased was a simply criminal occurrence and therefore no compensation or job could be provided. The writ application has then been filed on 28.1.2010 more than two and a half years later with no explanation for the delay. In any event 1996 to 2010 is too long a journey to sustain it as a cause of action. The counter affidavit on behalf of the respondents at paragraph-8 specifically states that the legal heirs of the deceased i.e. the father and uncle of the petitioner are still alive. They have not raised any objections to the order dated 4.8.2007 of the State Government rejecting their claims. Paragraph-10 of the 3 counter affidavit states that ex gratia compensation of Rs.20,000/- has been paid to the father of the petitioner and his uncle as per circular dated 21.9.1987. The statements having been made on oath by the State functionaries, the Court has no reasons to doubt the correctness of the same. In any event of the matter, the petitioner has not denied it. On the contrary, the Court is of the firm opinion that the petitioner should have been fair and this fact of payment should have been brought to the attention of the Court by the petitioner himself when he may have claimed that it was not sufficient. The strong reliance placed by the counsel for the petitioner on the judgement of this Court in Dharamsheela Kuar (Supra) disposed on 1.7.2007 is of no help to the petitioner at all. Quite apparently, the Court was not satisfied of the petitioners therein being entitled to any benefits and did not grant them relief. On the contrary, this Court held that the Circular dated 9.8.2000 as framed was violative of Article-14 of the Constitution of India as discussed therein leaving the authorities to frame a fresh policy which has been done on 22.12.2010. Obviously, this fresh policy prospective in nature shall not reopen decided matters like the present and therefore needs no further discussion. 4 In the entirety, the Court finds no merit in this application It is accordingly dismissed. KC ( Navin Sinha, J.)