Ashutosh Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13585 of 2011 ===========================================================

1. Ashutosh Kumar Jha S/O Sri Bhola Jha @ Chandra Chur Jha R/O VillageSonbarsa Raj, P.S.-Sonbarsa Raj, Distt.-Saharsa .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary Govt. Of Bihar, Department Of Agriculture, Patna

3. The District Magistrate Saharsa.

4. The Circle Officer Sonbarsa Anchal, Distt. Saharsa.

5. The Halka Karamchari, Anchal Sonbarsa, Distt. Saharsa .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr.Ramchandra Thakur For the Respondent/s : AC to SC-19 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 14-09-2015 Heard Mr. Ramchandra Thakur for the petitioner and AC to SC-19 for the State.

This application was filed in the year 2011. No counter affidavit has been filed on behalf of the concerned respondents. The petitioner claims compensation to be paid to him on account of having suffered damage/loss due to the flood that engulfed the area in the year 2007-2008. Relying on Annexure-2, which is an order passed by the Disaster Management Department, it has been submitted that he would be entitled to certain amounts as compensation if his claim satisfies the requirement/conditions for the grant of such compensation. The claim of the petitioner requires to be examined/verified by the committee whereafter the Block Development Officer -cum-Anchal Adhikari (Circle Officer) would certify about the entitlement. The grievance raised through this writ

Patna High Court CWJC No.13585 of 2011 dt.14-09-2015 2/2 application is that although he made a claim in this regard but the same has not been considered. He submits that similar grievance raised in CWJC No. 12366 of 2011 has been considered and disposed of by order dated 05.08.2011 directing the District Magistrate, Saharsa to consider the grievance of the petitioner and after due verification/examination of his claim the compensation amount be paid to the petitioner.

Upon hearing the parties, in my view, the present writ application should also be disposed of by directing the petitioner to file a fresh claim before the District Magistrate, Saharsa (respondent no.3) within 03 weeks whereafter said respondent shall examine the grievance of the petitioner and get verification of the claim made by the petitioner examined by the appropriate authority/committee and based thereon take final decision on such claim as quickly as possible preferably within 04 months from the date of receipt/production of a copy of this order. If the petitioner is found entitled to the compensation amount under the relief schemes of the Central Government as well as the State Government the same shall be paid to the petitioner without unnecessary delay. (Kishore Kumar Mandal, J) Shyam/- U