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SUPREME COURT OF INDIA
R.S. Pathak, CJI., Ranganath Mishra, J.
KALI DASS, PETITIONER
VERSUS
GOVERNMENT OF J&K AND OTHERS, RESPONDENTS.
Writ Petition No. 1711 of 1986
decided on January 15, 1987.
Jammu and Kashmir Prevention of Beggary Act, 1960 - Claim of compensation – Circumstances evidence - It appears from the application dated October 18, 1986 made by the petitioner to the Divisional Commissioner, Jammu, that the petitioner and his wife make their livelihood by begging on the Streets and that no other source of income is available to them. We are informed that by virtue of the Jammu and Kashmir Prevention of Beggary Act, 1960 it is an offence for anyone to carry on the profession of begging – Held, In the circumstances it will be open to the petitioner and his wife to accept the offer of Shri Mata Vaishnoo Devi Katra Board to make arrangements for their being housed in the nearest Beggars Home maintained under the aforesaid statute - Having regard to the peculiar facts and circumstances of this case, we think it appropriate to direct the Board to make an ex gratia payment to the petitioner a sum of Rs. 2000 (Rupees Two Thousand only. We order accordingly. The account should be paid to the petitioner within fifteen days from today. The material on the record is insufficient for establishing that the Board has divested the petitioner of the articles claimed by him - Petition is disposed of
ORDER
It appears from the application dated October 18, 1986 made by the petitioner to the Divisional Commissioner, Jammu, that the petitioner and his wife make their livelihood by begging on the Streets and that no other source of income is available to them. We are informed that by virtue of the Jammu and Kashmir Prevention of Beggary Act, 1960 it is an offence for anyone to carry on the profession of begging. In the circumstances it will be open to the petitioner and his wife to accept the offer of Shri Mata Vaishnoo Devi Katra Board to make arrangements for their being housed in the nearest Beggars Home maintained under the aforesaid statute. Having regard to the peculiar facts and circumstances of this case, we think it appropriate to direct the Board to make an ex gratia payment to the petitioner a sum of Rs. 2000 (Rupees Two Thousand only. We order accordingly. The account should be paid to the petitioner within fifteen days from today. The material on the record is insufficient for establishing that the Board has divested the petitioner of the articles claimed by him. The writ petition is disposed of accordingly.
Court Master.
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