Narnath Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9231 of 2018 ====================================================== Narnath Mandal, Son of Late Jagdish Mandal, Resident of Village- Jhitkia, P.S. Basnahi, District Saharsa.

... ... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Saharsa

3. The Additional Collector, Saharsa

4. The Land Reforms Deputy Collector Saharsa

5. The In charge Officer District for Prabandhan Saharsa

6. The Sub Divisional Officer Saharsa

7. The Circle Officer, Sonebersa

8. The Block Development Officer, Sonebersa.

9. The Chairman, Disaster Management Department, Govt. of Bihar, Patna

10. The In charge Officer, Disaster Management Branch, Saharsa ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Vishoka Nand, Adv.

For the Respondent/s :

Mr. Arun Kumar Bhagat, AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 17-01-2019 Heard Mr. Kumar Vishoka Nand, learned Counsel appearing for the petitioner and Mr. Arun Kumar Bhagat, learned AC to AAG 12 for the State.

This writ petition filed in Public Interest raises issue regarding non-payment of the relief allowed by the State to those flood affected victim in the District of Saharsa whose respective dwellings had been washed away in the flood of 2008. Learned Counsel for the petitioner has invited the attention of the recommendation made by the Circle Officer,

Patna High Court CWJC No.9231 of 2018(3) dt.17-01-2019 2/2 Sonebarsa addressed to the In-charge Officer, Disaster Management, Saharsa to submit that the recommendation for payment of the rehabilitation amount in respect of 56 such persons were made by the Circle Officer as back as on 29.09.2014 but has not been acted upon and it is on behalf of these 56 affected flood victims that this Public Interest Litigation is filed seeking a direction to the concerned authorities in the Disaster Management to do needful.

Having heard learned Counsel for the parties and in the nature of the grievance raised, we are of the opinion that instead awaiting filing counter affidavit we would direct the newly added Chairman, Disaster Management, Government of Bihar, Patna to pay attention to the grievance raised by the petitioner herein as well as to the recommendation made by the Circle Officer, Sonebarsa and pass appropriate orders in accordance with law within a period of three months of the receipt/production of a copy of this order. The writ petition is allowed with the directions above.