IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15768 of 2005 Most.Ajanasiya Devi wife of Late Chandradeep Yadav, R/O village Meghi, P.s. Dipnagar, Dist.Nalanda, Versus 1. The State Of Bihar through Chief Secretary, Secretariat, Patna, Bihar 2. The Secretary, Home (Special) Govt. of Bihar, New Secretariat, Patna 3. The District Magistrate, Nalanda (Bihar) 4. The Deputy Collector, (Naxal), Bihar Sharif, Nalanda (Bihar) 5. The Sub Divisional Officer, Bihar Sharif, Nalanda 6. The Circle Officer, Bihar Sharif, Nalanda. Respondents. 2. 30.11.2011. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The writ petition has been filed for a direction upon the respondents to pay Rs.50,000/- by way of compensation to the petitioner in view of letter no.1701 dated 21.9.1987 issued by the Home (Special) Department by which the compensation has been allowed to those poor persons and their near relatives who have lost their lives in caste clashes. Learned counsel for the petitioner submits that the incident by which the husband of the petitioner lost his life was a result of such caste clash. In support of that, he submits that the Anchala Adhikari, Biharsharif as well as the 2 Additional Collector (Naxal), Nalanda have sent their reports to the State Government certifying that the case is covered under the policy decision of the State Government dated 21.9.1987. Learned counsel submits that inspite of this, compensation amount has not been paid to the petitioner. Learned counsel for the State, on the other hand, from the averments in the counter affidavit, submits that the actual manner of the incident of the case is seriously in doubt in as much as according to him, the occurrence happened purely on the spur of the moment on hot discussion and there was no caste clash. Learned counsel for the petitioner counters the same by submitting that the authorities of the State at the district level have recommended the case to the State Government and thus it was beyond the competence of the respondents now to take the stand that the incident was not a result of caste clashes. Considering the facts and circumstances of the case, this court would not like to decide as to whether the death of the husband of the petitioner was a result of any caste clash as alleged by him or whether it was a case of a simple criminal act which happened on the spur of 3 the moment, though undoubtedly the parties may have belonged to different castes. For the reasons aforesaid, it would be more appropriate, according to this court, that the petitioner should move before the District Magistrate, Nalanda who shall look into the matter, consider the same and take appropriate step and then submit his report to the State Government which shall consider the matter in accordance with law. Let the District Magistrate, Nalanda send his detailed report within three months from the date of production/receipt of a copy of this order. The writ petition stands disposed off with the aforementioned directions. ahk (Ahsanuddin Amanullah, J.)