JUDGEMENT
JAYANTA KUMAR BISWAS,J. -
(1.) The petitioner in this WP under Article 226 dated January 2, 2012 is seeking the following principal reliefs :
"(a) A Writ or and/or Writs in the nature of Mandamus directing the respondents to forthwith prepare a list of the victims and certify the list and arrange payment of compensation to the family of the victims out of the money to be paid by the petitioner;
(b) A Special Officer be appointed by this Hon'ble Court;
(c) Direction upon the Special Officer to prepare the list in collaboration with the Police Authorities and disburse the amount amongst the family of the victims;"
(2.) Mr. Bandyopadhyay appearing for the respondents has questioned the maintainability of the WP. His first contention is that the person presenting WP and affirming the affidavit in support of the WP has produced anything to show that he is actually authorised to do the things. His second contention is that seeking reliefs prayed for the petitioner is entitled to approach the Writ Court. He has relied on Director of Settlements A.P. and Ors. v. M.R. Apparao and Anr.(2002)4 SCC 638 . According to him, the WP should be dismissed summarily.
(3.) Mr. Pal appearing for the petitioner has submitted as follows. The principal question involved in the WP is whether the State Government possessing executive power conferred by the Constitution is under any obligation or duty to help the petitioner that has approached it for supplying the list of heirs and legal representatives of the victims concerned so that compensation declared by it can be paid to the persons actually entitled to receipt it.;
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