Arvind Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22414 of 2018 ====================================================== Arvind Kumar, Son of Pahalad Sah @ Prahladi Sah, Resident of VillageTengrari,P.S. Siwaipatti,Distt.-Muzaffarpur ... ... Petitioner

Versus

1.

The State Of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The Collector- cum- Chairperson, District Disaster Management Authority, Muzaffarpur, Distt.-Muzaffarpur.

4.

The District Development Commissioner, Muzaffarpur, Distt.-Muzffarpur. 5.

The Additional Collector, Disaster Management, Muzaffarpur. 6.

Block Development Officer, Minapur, Distt.-Muzaffarpur. 7.

Circle Officer, Minapur, Distt.-Muzaffarpur.

8.

Panchayat Sachiv,Tengrari Panchayat, Muzaffarpur. 9.

Mukhiya,Tengrari Gram Panchayat, Muzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Rajeev Ranjan, Adv.

For the Respondents :

Mr.Anjani Kumar, AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 24.11.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following reliefs: "(i) For directing and commanding the respondent to conduct the enquiry by the competent authority as per Disaster Management Act, 2005 against the

Patna High Court CWJC No.22414 of 2018(2) dt.06-01-2020 2/3 erring officials specially respondent no. 8 Panchayat Secretary and respondent no. 9 Mukhiya of Tengrari Gram Panchayat who have defalcated the relief fund given by the government in flood relief scheme2017, for running Co-operative Mess/Kitchen, under Tengrari Gram Panchayat, Muzaffarpur.

(ii) Also for directing and commanding the respondent to take legal action as well as seized the financial power of erring officials specially respondent no. 8 Panchayat Secretary and respondent no. 9 Mukhiya of Tengrari Gram Panchayat with immediate effect."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes

Patna High Court CWJC No.22414 of 2018(2) dt.06-01-2020 3/3 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. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) P.K.P./- RajeevKumar U