Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3456 of 2023 ====================================================== Chandan Kumar Singh S/o Kailash Prasad Singh, R/o Village- Korai, P.O. and P.S.- Korai, District- Begusarai, Chairman of Korai Primary Agricultural Credit Society (PACS), Gadpura, District- Begusarai. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Disaster Management Government of Bihar, Old Secretariat, Patna.
3.
The Principal Secretary, Agriculture Department Vikas Bhawan, Bailey Road, Patna.
4.
The Director, Agriculture Department Vikas Bhawan, Bailey Road, Patna. 5.
The District Magistrate, Begusarai.
6.
The District Agricultural Officer, Begusarai. 7.
The Block Agricultural Officer, Garhapura, Begusarai. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kr. Pandey, Advocate Mr. Chandra Shekhar Kumar Dwivedi, Advocate For the Respondent/s :
Mr. Sarvesh Kr. Singh (AAG-13) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 07-04-2023 The writ petition is filed by an individual praying for a direction to the respondents to disburse payment to the members of the petitioner-society and other similarly situated persons, as per the orders in CWJC No. 24318 of 2019 dated 16.01.2020 and 19.02.2020. The said orders are produced at Annexure-2, first of which directs the respondents to look into the grievance of the petitioner and the next cautioning the State
Patna High Court CWJC No.3456 of 2023 dt.07-04-2023 2/3 as to the failure to implement its own schemes. We are unable to comprehend as to why a separate writ petition is filed purportedly in execution of the earlier orders, especially when the petitioner does not disclose as to whether the earlier writ petition is still pending or has been disposed of. The petitioner herein also was not the petitioner in the earlier case. The prayer in the writ petition is to declare unjustified the action of the respondent State and its authorities in having declined compensation to the farmers of Rabbi Crops, which were ravaged by hailstorm, thunderstorm and excessive rainfall.
The petitioner while asserting that he is the Chairman of a Society concerned with the welfare of such farmers does not disclose the name of the Society nor reveal the nature of membership of that Society. The essential contention taken is of 564 farmers in Garhapura Block, District- Begusarai having been denied the benefit of said scheme, a list of whom is produced and annexed along with the writ petition. There is no public interest, as discernible from the averments in the writ petition, and already a writ petition was filed for the very same relief. The subsequent representations made by different persons cannot give rise to a cause of action to seek a mandamus in all such instances.
Patna High Court CWJC No.3456 of 2023 dt.07-04-2023 3/3 that the plea is made on behalf of various individuals, whose rights and entitlements have to be proved before the authorities and there cannot be any blanket order to disburse benefits to the individuals shown in the list annexed with the writ petition. There is no averment also that the farmers are unable to ventilate their grievances before the appropriate authorities. We find absolutely no public interest in the above case and dismiss the writ petition, however leaving liberty to the individuals to make appropriate claims before the appropriate authorities. The writ petition is dismissed with the above reservation.
(K. Vinod Chandran, CJ) (Madhuresh Prasad, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 13.04.2023 Transmission Date