Ramanuj Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7644 of 2016 ===========================================================

1. Ramanuj Kumar son of Late Hiya Lal Kumar resident of village Sonbarsa, P.O.Sonbarsa, P.S. Bihpur, Bhagalpur

2. Binoy Kumar son of Bachneshwar Kumar resident of village Sonbarsa, P.O.Sonbarsa, P.S. Bihpur, Bhagalpur

3. Nawin Kumar son of Late Ram Lal Kumar resident of village Sonbarsa, P.O.Sonbarsa, P.S. Bihpur, Bhagalpur

4. Sanjay Kumar son of Dr. Ramanand Kumar resident of village Sonbarsa, P.O.Sonbarsa, P.S. Bihpur, Bhagalpur

5. Shankar Kumar Sushil son of Late Siya Ram Kumar resident of village Sonbarsa, P.O.Sonbarsa, P.S. Bihpur, Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary Agriculture Department, Govt. of Bihar, Patna

3. The Joint Secretary Agriculture Department, Govt. of Bihar, Patna

4. The District Magistrate Bhagalpur

5. The Block Development Officer, Bihpur Block, Bhagalpur

6. The Block Agriculture Officer, Bihpur Block, Bhagalpur

7. The Farmers' Coordinator, Gram Panchayat Bihpur South, Block Bihpur, Bhagalpur

8. The Farmers' Advisor, Gram Panchayat Bihpur South, Block Bihpur, Bhagalpur .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bimlendu Mishra For the Respondent/s : Mr. RAJESH SINGH- GP16 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 02-05-2016 Heard Mr. Mishra for the petitioners and AC to G.A.16 for the State. With the consent of the parties, the application is disposed of at this stage.

The petitioners have raised a grievance that since their crops have been damaged/destroyed by the hailstorm, they are entitled to assistance from the State Disaster Response Fund(SDRF) and the National Disaster Response Fund(NDRF) in terms of the decision taken by the Central Government in the Ministry of Home Affairs (Disaster Management Division) as contained in Annexure-1 It is stated that several marginal farmers like the petitioners have been

Patna High Court CWJC No.7644 of 2016 dt.02-05-2016 2/2 afforded the assistance under the said policy decision of the government. The petitioner have filed individual representation(s) which remained undisposed of as no communication of grant or refusal has been received by them. It is also stated that the case(s) of the petitioners were recommended by the Block Development Officer, yet the financial assistance has not been afforded to them. The petitioners, being the marginal farmers, be granted liberty to file fresh presentations before the appropriate/competent authority of the respondents for consideration of his/their case(s) in accordance with law. The counsel for the State having appreciated the contention of the petitioners and on perusal of the pleadings has agreed to disposal of the case in the aforesaid terms.

Having regard to the submissions made at the Bar, the application stands disposed of permitting the petitioners to file separate representation before the District Magistrate along with a copy of the present order. If they do so, I am sure the District Magistrate shall take pains to make an appropriate enquiry and take appropriate decision and/or pass appropriate order in accordance with law on their representation(s) as quickly as possible preferably within 10 weeks from the date of such filing.

(Kishore Kumar Mandal, J) HR/- U