Court No. - 38
Case :- WRIT - C No. - 42331 of 2018 Petitioner :- Kapil Dev @ Kapil Kumar And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- U.C. Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri U.C. Chaturvedi, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
Learned counsel for the petitioners submits that so far as the petitioner nos. 2 to 10 are concerned, he will file separate writ petition for each of the petitioners and, therefore, he may be given liberty to withdraw the writ petition on behalf of the petitioner nos. 2 to 10.
With the aforesaid liberty, the writ petition filed on behalf of the petitioner nos. 2 to 10 is dismissed as not pressed.
Insofar as the petitioner no.1 is concerned, pursuant to a riot having taken place in Saharanpur on 05.05.2017, the petitioner no.1 claims that he is entitled to compensation under the SC & ST Prevention of Atrocities Act, 1989. He submits that compensation is to be paid at three stages, firstly at the time of filing of F.I.R., secondly at the stage of filing charge sheet and then at the trial stage. It is submitted that at the time of filing of the F.I.R., the petitioner was given Rs.1,12,000/- on 05.08.2017 and thereafter charge sheet has been filed and trial is also going on but no further compensation has been paid. It has also been informed that the District Magistrate is the competent authority to look into these cases and has been arrayed as respondent no.2.
Insofar as the petitioner no.1 is concerned, the writ petition is disposed of with the direction to respondent no.2 to consider the claim of the petitioner no.1 for payment of compensation in accordance with law as far as possible within a period of two months from the date of filing an application along with a certified copy of this order.
Order Date :- 19.12.2018 Lbm/-
(Vivek Varma,J.) (Abhinava Upadhya,J.)