Ravindra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1132 of 2021 ====================================================== Ravindra Rai Son of Late Ram Ekbal Rai Resident of Village-Ginjas, P.S.- Saraiyya, District-Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Department of Disaster management, Bihar at Patna.
2.
The Principal Secretary, Department of Disaster Management, Bihar at Patna.
3.
The Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna.
4.
The Commissioner, Trihut Division at Muzaffarpur. 5.
The District Magistrate, Muzaffarpur.
6.
The District Development Commissioner, Muzaffarpur. 7.
The Deputy Collector, Disaster Management, Muzaffarpur. 8.
The Sub Divisional Magistrate, Muzaffarpur.
9.
The Circle Officer, Block of Saraiya, Muzaffarpur. 10.
The Block Developemnt officer, Block of Saraiyaa, Muzaffarpur. 11.
The Halka Karmchari, Gram Panchayat Raj of Gijansh, P.S.- Saraiyaa, District-Muzaffarpur.
12.
The Halka Karmchari, Gram Panchayat Raj of Khaira, P.S.- Saraiyaa, District-Muzaffarpur.
13.
The Halka Karmchari, Gram Panchayat Raj of Tampur Vishwanath, P.S.- Saraiyaa, District-Muzaffarpur.
14.
The Halka Karmchari, Gram Panchayat Raj of Rupauli, P.S.- Saraiyaa, District-Muzaffarpur.
15.
The Halka Karmachari Gram Panchayat Raj of Saraiyaa, P.S.- Saraiyaa, District-Muzaffarpur.
16.
The Halka Karmchari, Gram Panchayat Raj of Manikpur, P.S.- Saraiyaa, District-Muzaffarpur.
17.
The Halka Karmchari, Gram Panchayat Raj of Gopinath Dokara, P.S.- Saraiyaa, District-Muzaffarpur.
18.
The Halka Karmchari, Gram Panchayat Raj of Chakna, P.S.- Saraiyaa, District-Muzaffarpur.
2/5 19.
The Halka Karmchari, Gram Panchayat Raj of Raja Rampur, P.S.- Saraiyaa, District-Muzaffarpur.
20.
The Halka Karmchari, Gram Panchayat Raj of Madhaul, P.S.- Saraiyaa, District-Muzaffarpur.
21.
The Halka Karmchari, Gram Panchayat Raj of Rewa Basantpur (North), P.S.-Saraiya, District-Muzaffarpur 22.
The Halka Karmchari, Gram Panchayat Raj of Rewa Basantpur (South), P.S.-Saraiya, District-Muzaffarpur 23.
The Halka Karmchari, Gram Panchayat Raj of Marwa Pakar, P.S.-Saraiyaa, District-Muzaffarpur 24.
The Halka Karmchari, Gram Panchayat Raj of Basaitha, P.S.-Saraiyaa, District-Muzaffarpur 25.
The Block Mukhiya Federation (Saraiyaa) through its Chairman namely Shri Ram Pravesh Sahni (Mukhiya, Gram Panchayat Raj, Chakna), S/o-Late Shiv Pujan Sahni, R/o-Chakna, P.S.-Saraiyaa, District-Muzaffarpur. ... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :
For the Petitioner/s :
Mr.Onkar Nath, Adv For the Respondent/s :
Mr.Md. Khurshid Alam AAG-12 with Ms. Nutan Sahay AC to AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR ) Date : 28-06-2021 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):- "i. Commanding the respondent authorities particularly the Respondent no. 2, 4, 7 & 9 to equally treat all the flood affected people for the purpose of eligibility consideration and subsequently grant of relief oriented fund as per the guidelines of the Deptt, of Disaster Management, Bihar.
3/5 ii. Further, commanding the respondent authorities particularly the Respondent no. 9 to bring the entire records before this Hon'ble Court for the purpose of due adjudication of the matter. "
After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the Circle Officer, Saraiya, Muzaffarpur, to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).
Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s);
4/5 (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;
(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;
(e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (f) Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action;
(g) We have not expressed any opinion on merits. All issues are left open;
(h) The proceedings, during the time of current PandemicCovid-19 shall be conducted through digital mode, unless the
5/5 parties otherwise mutually agree to meet in person i.e. physical mode;
The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA