IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.514 of 2005 BIHARI PASWAN, Son of Newalal Paswan, Resident of Village Ghibahi Tola, Kameshwar Nagar, P.S. Hathauri, District Samastipur. ……..Petitioner Versus 1. THE STATE OF BIHAR through the District Magistrate- cum-Collector, Samastipur. 2. Deputy Development Commissioner, Samastipur. 3. The Sub-divisional Officer-cum-Magistrate, Rosera, District Samastipur. 4. Block Development Officer, Shivajee Nagar, District Samastipur. 5. Prakhand Pramukh, Shivajje Nagar Block, District Samastipur. 6. Mukhiya, Ghiwahi Panchayat, District Samastipur. ………Respondents ----------- For the petitioner : Mr. Ashok Kumar Mishra, Advocate For the State : Mr. Amarendra Kumar, A.C. to G.P.-8 ----------- 2/ 29.04.2011 Heard the parties. 2. The only grievance of the petitioner is that though he is a victim of flood of the year 2004, which caused devastating effect in the District of Samastipur, as also other part of the State, and as such, the petitioner was entitled for compensation as a flood victim for re-construction of his damaged building/house, as per policy decision of the State Government, but list of flood victims of Shivajee Nagar Block in the District of Samastipur was not prepared properly by the respondent-B.D.O., 2 Shivajee Nagar as also respondent-Mukhiya, Ghiwahi Panchayat. According to the petitioner, on certain extraneous consideration, name of the petitioner was left out from the list of the flood victims, and name of some other persons were included, who were not entitled for such reliefs, and certain irregularities were committed by the respondent-.B.D.O. as also respondent-Mukhiya in preparation of list of the flood victims. 3. Though, writ petition was filed on 11.01.2005 and more than six years have elapsed since then, yet unfortunately, counter affidavit has not been filed on behalf of the respondents, and as such, issues involved in the present proceeding cannot be conclusively decided by this Court at this stage. 4. In view of nature of dispute raised in the present proceeding, this Court is of the considered opinion that the matter should be looked into by the respondent-District Magistrate-cum- Collector, Samastipur, and if need be, he may get an enquiry conducted by some competent officer, 3 and thereafter appropriate action may be taken against the guilty persons, as also for redressal of valid grievance of the petitioner. 5. In the aforesaid facts and circumstances, the petitioner is hereby directed to appear before the respondent-District Magistrate-cum-Collector, Samastipur within a period of four weeks from today with a detailed representation and a certified copy of the present order. If such a representation is filed by the petitioner within the time prescribed by this Court along with a certified copy of the present order, then respondent-District Magistrate-cum- Collector shall be obliged to look into the grievances raised on behalf of the petitioner and shall further be obliged to dispose it of by a speaking order, after giving reasonable opportunity of hearing to the petitioner and all other concerned persons, within a period of three months from the date of filing of such representation, and if need be, appropriate consequential directions may also be issued within the aforesaid period of three months. 6. It goes without saying that if the petitioner 4 does not appear before the respondent-District Magistrate-cum- Collector within the time prescribed by this Court with a detailed representation and a certified copy of the present order, then it shall be construed that the present writ petition has finally been rejected by this Court. 7. With the aforesaid observations and directions, the present writ petition stands disposed of. Anjani/ ( Birendra Prasad Verma, J.)