Patna High CourtCWJC/16687/2018disposed

Rajendra Prasad v. The State Of Bihar And ORS

2018-08-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16687 of 2018 ====================================================== Rajendra Prasad, Son of Late Chaman Mahto, Resident of Village - Jolahpura, P.S.-Noorsarai, District-Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

2. The Lokayukta through its Under Secretary, Bihar, Patna.

3. The Principal Secretary, Department of Disaster Management, Bihar, Patna.

4. The District Magistrate, Nalanda.

5. The Superintendent of Police, Nalanda.

6. The Block Development Officer, Noor Sarai, Nalanda.

7. The Circle Officer, Noor Sarai, Nalanda.

8. The Officer-In-Charge of Noor Sarai, Police Station, Noor Sarai, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Maharaj, Adv.

For the Respondent/s :

Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner and the respondent-State.

The present writ application has been filed for quashing the order of the Respondent No.2, the Lokayukta, Bihar, which was served upon the petitioner vide Communication No.4279/Lok, dated 04.06.2018, passed in Complaint Case No.5/Lok(Aapda) 01/2017, as contained in Annexure-4, under the signature of Under Secretary to Lokayukta, Bihar, Patna, wherein, it has been held that the death of a person due to falling into a well does not come within the perview of natural or unnatural calamities. Therefore, no

Patna High Court CWJC No.16687 of 2018(2) dt.25-08-2018 2/2 compensation shall be paid to the petitioner. Further prayer has been made for making payment of compensation since the wife of the petitioner died due to falling into a well during storm. After some argument, learned counsel for the petitioner seeks permission to withdraw the present writ application with a liberty to file a complaint before the competent authority under the Bihar Right to Public Grievance Redressal Act, 2015.

The writ application is permitted to be withdrawn with the liberty aforementioned.

Accordingly, the writ application is disposed of as withdrawn.

(Dinesh Kumar Singh, J) Ashwini/- U