A.C.UPADHYAY
Altaf Ali M. D. – Appellant
Versus
State of Assam – Respondent
A.C. Upadhyay, J.
1. Heard Mr. A.B. Siddique, learned counsel for the petitioners and Mr. D. Bhattacharjee, learned standing counsel, ASEB as well as Dr. B. Ahmed, learned standing counsel, Irrigation, for the respondents. This writ petition, under Article 226 of the Constitution of India has been filed praying for a direction to pay compensation of Rs. 10 Lacs each to the petitioners, for the loss suffered by them due to electrocution of their sons, on 18.7.2010, at Putikhaiti in the district of Nagaon due to negligence of the respondents.
2. Brief facts, leading to filing this writ petition is as follows:-
Both the petitioners are agriculturalists by profession having their family members, who contribute in their earnings. Son of Petitioner No. 1, namely, Md. Harun Rashed (19 years), was a Rajmishtri by profession and son of petitioner No. 2, namely, Sabirul Islam (15 years), was a helper of Rajmishtri by profession. On 18.7.2008, both sons of the petitioners above named had gone for catching fish in Puthikhaiti Beel. Irrigation department had added a new pipeline in the Pump set installed near the Puthikhati Beel (pond). However, while connecting electricity, a live wire wa
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