Disposed

Gorelal Mandal v. The State Of Bihar and Ors.

Patna HC19 Jan 2016CWJC/5697/2015

Case brief

AI extract

What is this about?

The High Court dismissed a public interest litigation filed in 2015 concerning flood damages from August 2013, deeming it belated. The court directed the District Magistrate to ensure relief is provided to affected villagers after due enquiry and granted liberty for future approach if directions are not implemented.

What did the court decide?

Direction to District Magistrate, Bhagalpur, to ensure relief is provided to flood-affected persons after due enquiry.

Gorelal Mandal Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.5697 of 2015

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====================================================== 1. Gorelal Mandal son of Late Rupan Mandal resident of villageKishanpur, P.S.- Akbarnagar, District- Bhagalpur.

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.... .... Petitioner/s

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

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The District Magistrate, Bhagalpur.

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The S.D.O. Sadar, Bhagalpur. null null

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The D.C.L.R., Sadar, Bhagalpur.

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The Circle Officer, Sultanganj, Bhagalpur.

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The Panchayat Secretary, Kishanpur Gram Panchayat, Circle-Sultanganj, District- Bhagalpur.

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The Mukhiya, Kishanpur Gram Panchayat, Circle-Sultanganj, DistrictBhagalpur.

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.... .... Respondents

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====================================================== Appearance :

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For the Petitioner/s : Mr. Diwakar Upadhyaya For the Respondent/s : Mr. Ashok Kumar Choudhary- AAG-13

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====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and

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HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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(Per: HONOURABLE THE ACTING CHIEF JUSTICE )

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3 19-01-2016 Heard Mr. Diwakar Upadhyaya, learned counsel for the petitioner, and Mr. Ashok Kumar Chaudhary, learned Additional Advocate General No. 13, appearing for the respondents.

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Having perused the pleadings in the writ petition, which has been filed, in the nature of Public Interest Litigation, under Article 226 of the Constitution of India, and upon hearing learned counsel for the parties concerned, we notice that according to the petitioner, massive flood in the month of August, 2013, had caused loss of properties to the villagers of Ward Nos. 12, 13, 14 and 15 under Kishanpur Gram Panchayat, Anchal Sultanganj,

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Patna High Court CWJC No.5697 of 2015 (3) dt.19-01-2016

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District Bhagalpur. What is, however, evident from the petition is that this petition is belated in the sense that damaged to the properties were allegedly caused to 325 persons, under Kishanpur Gram Panchayat, in the month of August, 2013, wherein this writ petition has been filed in the month of March, 2015.

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In view of the above and in the interest of justice, we close this proceeding with a direction to the respondent No.2, namely, District Magistrate, Bhagalpur, to ensure that the relief, which are required to be provided to the flood affected persons, under the relevant Scheme or Schemes of the Government, be made available to them after due enquiry.

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We also give liberty to the petitioner to approach this Court with appropriate application in future, if the directions given above are not carried out in letter and spirit.

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With the above observations and directions, this writ petition shall stand disposed of.

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(I.A. Ansari, ACJ)

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(Chakradhari Sharan Singh, J)

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A.I./-

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Gorelal Mandal v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Gorelal Mandal v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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