The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.30967 of 2023 Belmati Kumbhar & Ors. …. Petitioners Ms. Saraswati Behera, Adv. -versus- Secretary, District Legal Services Authority, Bolangir …. Opposite Party Mr. D. Mund, AGA CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. 02. ORDER 09.10.2023 1. This matter is taken up through hybrid arrangement. 2. In this Writ Petition, the Petitioners have made a prayer to quash the letter dated 22.08.2022 issued by the Opposite Party/ Secretary, District Legal Services Authority, Balangir intimating the Branch Manager, Union Bank of India, Tapaswini Plaza, Balangir for opening of fixed deposit account in favour of the Petitioners. They further seeks a direction from this Court to the Opposite Party/ Secretary, District Legal Services Authority, Balangir to consider their application and pass order to close the fixed deposit amount of Rs.4,25,000/- deposited with the Union Bank of India, Tapaswani Plaza, Balangir. Page 1 of 7 Signature Not Verified
Legal Reasoning
Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Oct-2023 18:31:54 // 2 // 3. Heard learned counsel for the Parties. 4. Fact of the case is that on 23.11.2015, the complainant Thabira Kumbhar appeared at Turekela Police Station and reported that on the same day his uncle Benudhar Kumbhar went to Patrapada to purchase hen, where he consumed country made liquor. One Makaru Patra assaulted Benu Kumbhar very badly. So, he remained there in subconscious state throughout the night and did not return to his house. On the next day morning, the complainant found his uncle in the cotton field of Makaru Patra in serious condition. On being asked, he told that he was assaulted by means of a stick very badly by Makaru Patra. So, he was not feeling well. Thereafter, he was admitted at CHC, Kantabanji. Subsequently, he was referred to V.S.S. Medical College and Hospital, Burla where he was declared dead. 5. The deceased Benu Kumbhar expired leaving behind his wife named Belmati Kumbhar, one minor unmarried daughter named Karina Kumbhar and three unmarried minor sons named Chandan Kumbhar, Fakira Kumbhar and Rohit Kumbhar. 6. The Petitioner No.1 having one daughter and three sons had applied for victim compensation on account of the murder of her husband Benu @ Benudhar Kumbhar Page 2 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Oct-2023 18:31:54 // 3 // on 08.02.2018 before the Opposite Party/ Secretary, District Legal Services Authority, Balangir. The application of the Petitioner No.1 was received on 12.02.2018 and registered as V.C.A. No.13 of 2018. 7. The V.C.A. was put up before the Members of DLSA Committee Meeting on 30.10.2021 for consideration. 8. Having gone through the case record, FIR, Final Form, PM report, Legal Heir Certificate and other relevant documents and considering overall aspects of the case, the DLSA Committee unanimously resolved that a sum of Rs.5,00,000/- (Rupees five lakh only) be awarded as final compensation to all the five legal heirs- cum-family members of late Benudhar Kumbhar towards compensation and rehabilitation in the following manner. Accordingly, a sum of Rs.1,75,000/-(Rupees one lakh seventy five thousand)only was awarded to Belmati Kumbhar (wife). Out of the said amount, Rs.1,00,000- (Rupees one lakh) was directed to be kept in fixed deposit for a period of 5 years in any Nationalized Bank and the quarterly interest thereon be credited to her account. Rest Rs.75,000/-(Rupees seventy five thousand) was directed be given to her for rehabilitation after completion of all necessary formalities as per the Scheme. A sum of Rs.1,00,000/-(Rupees one lakh) was awarded to one Page 3 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Oct-2023 18:31:54 // 4 // unmarried minor daughter named Karina Kumbhar (15 years) and a sum of Rs.75,000/-(Rupees seventy five) was awarded to each of the three unmarried minor sons named Chandan Kumbhar (17 years), Fakira Kumbhar (09 years) and Rohit Kumbhar (12 years). Since, all the children of late Benudhar Kumbhar were minors, their respective sums should be kept in fixed deposit in any Nationalized Bank in their names if major or with joint account with mother, if minor, for at least a period of 5 years or till attainment of majority and the quarterly interest thereon would be credited to their account regularly. In case of any premature withdrawal, in medical or any other emergency, it can be done with prior permission of the Authority. 9. Accordingly, the Petitioners were directed to appear before that Authority with identity proof and necessary undertaking as per law and as per chronological order of the resolution for disbursement of the compensation amount. 10. On 22.08.2022, the Petitioners were present to receive the compensation amount. They filed necessary documents as per the scheme. As per the resolution dated 30.10.2021 the victims Petitioners were handed over with Page 4 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Oct-2023 18:31:54 // 5 // cheques bearing Nos.989195 and 989156 amounting to Rs.5,00,000/- . 11. A cheque bearing No.989195 dated 22.08.2022 amounting to Rs.4,25,000/- (Rupees Four Lakh Twenty Five Thousand) was sent to the Branch Manager, Union Bank of India, Tapaswini Plaza, Balangir by the Opposite Party No.1/ Secretary, District Legal Services Authority, Balangir to open fixed deposit account in the names of the Account Holders i.e. the Petitioners for a period of 5 years till attainment of majority vide letter No.2000 dated 22.08.2022 by the Opposite Party No.1/ Secretary, District Legal Services Authority, Balangir. Hence, this Writ Petition. 12. Learned counsel for the Petitioners submits that the Petitioner No.1 approached the staff and the Secretary, District Legal Services Authority, Balangir orally and written several time for closing of the fixed deposit. But, there is no response from their end. She further submits that the Petitioner No.1’s daughter named Karina Kumbhar was suffering from serious health problem since October 2021 to November 2021. Her daughter was admitted in Shree Medishine Hospital, Raipur, Chhatishgarh from 28.10.2021 to 04.11.2021. It is also submitted that owing to serious health problem as well as Page 5 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Oct-2023 18:31:54 // 6 // due to higher education of their children, the Petitioner had taken a market loan of Rs.3,25,000/- (Three Lakh Twenty Five Thousand). She further submits that out of awarded compensation amount Rs.4,25,000/- has been deposited in a fixed deposit account and rest amount has been received in cash. 13. In such view of the matter, she submits that a direction may be given to the Opposite Party to consider the request of the Petitioners and pass order to close the fixed deposit account in the names of the Petitioners.
Legal Reasoning
14. Learned counsel for the State brings to the notice of this Court to the letter dated 22.08.2022 issued by the Opposite Party No.1/ Secretary, District Legal Services Authority, Balangir wherein the Branch Manager, Union Bank of India was intimated that in case of any premature withdrawal in medical or any other emergency, it can be done with prior permission of the Authority. 15. Considering the submissions of the learned counsel for the Parties and the fact that the Petitioner No.1’s daughter named Karina Kumbhar is suffering from brain tumor, this Writ Petition is disposed of directing the Petitioner to approach the authority concerned by filing an application with genuine reason for release of the Page 6 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Oct-2023 18:31:54 // 7 // aforesaid amount. In such event, the authority concerned shall examine the genuineness of the reasons of fund requirement. Upon satisfaction of the genuineness of the reasons for fund requirement, the authority to pass order to release the amount within a week of presentation of the application by the Petitioners along with a copy of this order.
Decision
16. Accordingly, this Writ Petition is disposed of. Judge ( Dr. S.K. Panigrahi) B.Jhankar Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Oct-2023 18:31:54 Page 7 of 7