Ram Kali Mahto And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19534 of 2018 ====================================================== 1.

Ram Kali Mahto, Son of Shri Ram Babu Mahto.

2.

Gauri Shankar Mahto, Son of Late Gani Mahto. Both Resident of VillageSabalpur, Purani, Chaitola, P.S.- Sonepur, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretory, Disaster Management Department, Government of Bihar, Patna 2.

The District Magistrate, Saran, Chapra.

3.

The District Agriculture Officer cum Nodal Officer, Saran, Chapra. 4.

The Anchal Adhikari, Sonepur, Saran, Chapra.

5.

The Block Development Officer, Sonepur, Saran, Chapra. 6.

The Panchayat Secretary, Gram Panchayat Raj, Sabalpur, Madhyawarti Gram Panchayat.

7.

Ward Members of Gram Panchayat Sabalpur Madhyavarti, P.S.- Sonepur, P.O.- Sonepur, District Saran at Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rekha Prasad, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam- AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH) 18-11-2019 Heard learned counsel for the petitioners and respondents.

The present writ application has been filed for providing flood relief to 607 affected persons of Sabalpur Madhyavrti Gram Panchayat under Sonepur block of Saran District.

It is submitted by learned counsel for the petitioners

Patna High Court CWJC No.19534 of 2018(3) dt.18-11-2019 2/3 that the Gram Panchayat of the petitioners was badly hit by heavy rain and consequential flood. The Government of Bihar decided to grant relief to flood affected residents who are Below Poverty Line. The list of affected families has been prepared ward wise and has to be submitted to the Nodal Officer appointed for the same. On enquiry and verification in 10 wards of the Gram Panchayat, name of 4640 persons were included in the prospective beneficiary list but out of the same, only 4124 persons received flood relief whereas 516 persons were deprived of relief including the petitioners despite their name being included on enquiry in prospective beneficiary relief list.

The petitioner submitted representation before the District Magistrate, Saran at Chapra, as contained in Annexure2, but no action was taken on same. Learned counsel for the respondents submits that the claim of the petitioners is based on disputed question of fact. Considering the nature of relief prayed for and submission of learned counsel for the parties, we give liberty to the petitioners to submit a fresh representation before District Magistrate, Saran at Chapra within four weeks from today.

Patna High Court CWJC No.19534 of 2018(3) dt.18-11-2019 3/3 weeks of its submission by giving a reasoned and speaking order.

Accordingly, the present writ application stands disposed of by the aforementioned observation and direction. (Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) Anil/Amrendra U