Laxman Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5384 of 2018 ====================================================== Laxman Singh S/o Late Hawaldar Singh R/o Village-Chhotaki Chenari, P.S.- Shivsagar, District-Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary-cum-Second Appellate Authority, Department of Disaster Management, Bihar, Patna 2.

The Divisional Commissioner-Cum-First Appellate Authority, Patna 3.

The District Magistrate, Rohtas at Sasaram 4.

District Public Grievances Redressal Officer, Rohtas at Sasaram 5.

In-Charge Officer, Disaster Management Authority, Rohtas at Sasaram 6.

Circle officer, Shivsagar, Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha- Sc19 :

Mr. Birendra Pd. Singh, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-08-2022 The present writ petition has been filed for directing the respondent- authorities to pay compensation from the fund of State Disaster Relief Fund in connection with death of the younger brother of the petitioner and his family members on account of road accident.

At the outset, the learned counsel for the petitioner seeks to approach the District Magistrate, Rohtas at Sasaram by filing appropriate representation and in case, such a representation is filed within a period of four weeks from today, appropriate decision shall be taken, within a period of twelve

Patna High Court CWJC No.5384 of 2018(3) dt.02-08-2022 2/2 weeks thereafter. It is needless to state that since the second Appellate Authority, Bihar, Patna as also the First Appellate Authority do not have any jurisdiction to deal with the issue of compensation, under the Bihar Public Grievance Redressal Act, 2015, the same are held to be null and void, hence, the issue of grant of compensation is required to be considered afresh by the District Magistrate, Rohtas at Sasaram. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U