IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2057 of 2010 Vinay Kumar Pappu, son of Sri Surendra Nath Yadav, resident of Mohalla, Goria Toli, P.S. Kotwali (Patna), Town and District Patna at present Ward Commissioner of Ward No.28 of Patna Municipal Corporation. -- Petitioner Versus 1. The State of Bihar, though the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 2. The Chief Secretary, Government of Bihar. 3. Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 4. Secretary, Food and Consumer Protection Department, Government of Bihar, Patna. 5. District Magistrate, Patna. 6. Patna Municipal Corporation through the Municipal Commissioner, Patna . -- Respondents For the petitioner : Mr. Dronacharya, Advocate. For respondents no.1 to 5 : Mr. Prabhat Kumar, A.C. to G.A.3. For respondent no.6 : Mr. Bishwa Bibhuti Kumar Singh, Advocate. ----- 02. 08.02.2010 Heard Mr. Dronacharya, learned counsel for the petitioner, Mr. Prabhat Kumar, learned counsel for the State and Mr.Bishwa Bibuti Kumar Singh, learned counsel for the Patna Municipal Corporation. The grievances that have been agitated in this public interest litigation by the petitioner, a social activist, can be compartmentalised into three compartments, namely, (i) the power in entirety has been vested with the Commissioner of - 2 - Patna Municipal Corporation, though he does not have the final say in the matter as per the policy contained in Annexure-1; (ii) that the time frame which has been stipulated for the purpose of preparation of cards pertaining to ‘Below Poverty Line’ has not been followed inasmuch as the cards which were supposed to be prepared in the year 2009 have not been given the final shape till today; and (iii) that the District Magistrate, who has sacrosanct duty to supervise the same, has not shown any inclination to supervise, as a consequence of which it will fall into the irresponsible hands. Mr. Prabhat Kumar, learned counsel for the State and Mr. Bishwa Bibhuti Kumar Singh, learned counsel for the Corporation submitted that the State as well as the Corporation shall abide by the Scheme as formulated vide Annexure-1 and follow the same in letter and spirit and the District Magistrate, Patna shall give the final shape to the list prepared by the Commissioner and if any person is grieved he can prefer an appeal as postulated in the said Scheme. It is also conceded by them that the Commissioner of the Corporation and the District Magistrate, Patna shall act in quite promptitude so that the persons who are Below Poverty Line are not aggrieved. In view of the aforesaid, we dispose of this writ - 3 - petition directing that the District Magistrate, Patna shall keep himself abreast of the language of the scheme contained in Annexure-1 and keep things moving as movement is action in a body polity and inaction is stagnation which is not countenanced, more so, when the beneficiaries are the people who come from ‘Below The Poverty Line’ who face difficulty to have access to a court of law. When the authority deals with marginalised section it has to have more responsibility and we hope and trust the District Magistrate, Patna and the Commissioner, Patna Municipal Corporation shall realise the same and not pave the path of red-tapism. Let a copy of this order passed today be sent to the District Magistrate, Patna and the Patna Municipal Corporation by the Registry of this court so that they can rise to the occasion and fulfill their requisite obligations. With the aforesaid directions, the writ petition stands disposed of. No order as to costs. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)