Naresh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10280 of 2015 =========================================================== Naresh Kumar, Son of Abhimanyu Prasad, resident of Village- Pakari Guriya, P.O. Pakari Guriya, P.S. Imamganj, District Gaya .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Disaster Management, Government of Bihar, Patna.

3. The Principal Secretary, Agriculture, Government of Bihar, Patna.

4. The District Magistrate, Gaya

5. Sub. Divisional Officer, Sherghati, District Gaya.

6. The Circle Officer, Imamganj Anchal, District Gaya.

7. The Circle Officer, Bankey Bazar Anchal District Gaya.

8. The Block Development officer, Imamganj Block, District-Gaya.

9. The Block Development Officer, Bankey Bazar Block District Gaya

10. The Agriculture Officer, Imamganj Block, District Gaya.

11. The Agriculture officer, Bankey Bazar Block, District Gaya. .... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate. For the State : Mr. Chittranjan Sinha, Sr. Advocate, PAAG-2. Smt. Ratna Kumari, AC to PAAG-2.

=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 15-12-2016 The petitioner has invoked the writ jurisdiction of this Court to issue a writ of mandamus in public interest to dispense compensation to the farmers for destruction of the crops by the hail storm at Imamganj and Bankey Bazar Blocks within the District of Gaya.

2. It is contended that in April 2015, the heavy rain and hail storm destroyed the crops of the two blocks. The State Government of Bihar took policy decision to give crop compensation at the rate of 13,500/- per hectare to the affected farmers, but a large

Patna High Court CWJC No.10280 of 2015 dt.15-12-2016 2/2 number of farmers have not been given compensation.

3. In a counter affidavit filed on behalf of respondent nos. 3 to 11, it is pointed out that lists of affected farmers were prepared in a survey of loss of crops by block level machinery as well as at Panchayat level. Such lists were published to the knowledge of general public as well as on website. It is also pointed out that 2118 farmers under Bankey Bazar block has been paid compensation after verification of the records and no complaint has been received in respect of such disbursement. It is also pointed out that 14 farmers submitted representations to the Block Development Officer, Imamganj which was examined and found that one of the farmers has availed compensation whereas, remaining 13 farmers did not suffer any loss, hence, no compensation was paid.

4. Since there is categorical stand of the State that the compensation was paid after proper survey, therefore, we do not find that any further directions are called for in the present writ application. Accordingly, the same is dismissed. (Hemant Gupta, ACJ) (Arvind Srivastava, J) AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 19.12.2016 Transmission Date Mishra