Md.Nasim v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21503 of 2011 ======================================================

1. Md. Nasim S/O Late Md. Shanir R/O Village- English Rupauli, Police Station- Parbatta, District- Khagaria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary Relief & Rehabilitation Department, Govt. Of Bihar, Patna

3. The District Magistrate, Khagaria

4. The Sub-Divisional Magistrate, Khagaria

5. The Sub-Divisional Magistrate, Parbatta, Khagaria

6. The Circle Officer, Parbatta, Khagaria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda For the Respondent/s : Mr. Anjani Kr Sharan SC9 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 27-11-2015 Heard the counsel for the petitioner and the State. A counter affidavit has been filed on behalf of the State.

The petitioner is father of Md. Shabrej and seeks a direction upon the respondents to pay compensation to him as his son became a victim of the flood which engulfed the place where the petitioner resides in the year 2007. The respondents have denied the factum of death of the son of the petitioner in the wake of the flood.

To pay compensation for a death owing to natural calamity is a policy decision of the State. This will again require

Patna High Court CWJC No.21503 of 2011 (3) dt.27-11-2015 2/2 crystallization of the facts. It is difficult for this Court in view of the pleadings on record to ascertain the same. Counsel for the petitioner after having made submissions at some length states that the petitioner may be granted liberty to approach the appropriate forum/authority for redressal of his grievance.

The writ application is disposed of with the said liberty.

(Kishore Kumar Mandal, J) Shyam/- U