1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.1091 of 2007 [P.S. Dongre Vs. State of Mah. & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.S. Mardikar, Adv., for the petitioner. Mrs. B.H. Dangre, Addl. Govt. Pleader for respondents. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI, JJ. DATE : 15th October,2008. 1. This petition has been filed by a member of Village Panchayat, Wadegaon, Tq. Balapur, Distt. Akola, praying for a direction against the Collector to render immediate financial aid to ninety-four persons left out and in terms of the Govt. Circulars dated 12th June, 2001 and 17th June, 2006. The petitioner further prays for a direction to the State Govt., to hold an enquiry against the officials who refused to render such financial assistance to the calamity-hit villagers. 2. Heard. 3. In the month of August, 2006, unprecedented rains lashed village Wadegaon, resulting into flood, causing considerable 2 damage to the houses. This situation led to shifting of some of the families, as their houses were completely damaged. Essential commodities were distributed to the affected people. As per the petitioner, 94 or 107 of such victims were denied financial assistance as assured in the Circulars mentioned herein above. 4. An Affidavit-in-Reply on behalf of respondent nos. 3,4 and 5 has been filed, which is sworn by Collector, Akola, and it has been stated therein that after the natural calamity visited the village in August, 2006, the respondent no.5 conducted a survey of the affected families and a report was submitted. As per the said report, of the affected families, ninety families of village Wadegaon were found eligible for Govt. aid, and 69 quintals of Rice, Jawar and 6900 ltrs., of kerosene were provided. 5. In terms of financial aid, a total sum of Rs. 15,00,000-00 was disbursed at the rate of Rs. 1,000/- per head, subject to a maximum of Rs.5,000/- per family, covering 359 destitute families. 10 kgs., of Jawar, 10 kgs. Of rice and 10 ltrs., of kerosene per eligible family were also provided. 5. As per the directions received from the State Govt., financial assistance was also given for repairs/re-construction of the houses, 3 subject to a maximum of Rs.4,800/- depending on the valuation. Completely damaged houses were provided with Rs.4800/-, whereas partly damaged houses were given Rs.2500/-. While 68 houses were found to be completely damaged, 678 houses were found to be partly damaged. An amount of Rs. 3,26,400/- was given to the first category, whereas a sum of Rs. 11,27,891/- was provided to the second category. 7. So far as the grievance of the petitioner is concerned, it is stated that 107 Panchanamas were signed only by the petitioner and those were found to be doubtful for the reasons stated in the report dated 21st April, 2007 submitted by the Committee consisting of Sub-Divisional Officer, Akot, Deputy Collector, Akola and the District Supply Officer, Akola, to the Additional Collector. Based on the said report, these 107 Panchanamas were not accepted and the persons concerned were not given any assistance, as was rendered to others. 8. Whether the remaining 94 or 107 persons were affected or not is a disputed question of fact between the parties and, therefore, in a Writ Petition, it will not be possible to adjudicate upon the claims advanced by the petitioner. The remedy, if any, for such remaining persons would be to approach a Civil Court, or any other forum, either in an individual or a representative capacity, and the 4 claim will have to be decided on the basis of the evidence, documentary as well as oral, that may be adduced by the respective parties 9. We are, therefore, satisfied that no further orders are required to be passed in this petition, and the aggrieved persons, who claim to have been denied benefits based on the Govt. Circulars dated 12th June, 2001 and 17th June, 2006, have the liberty to approach the Competent Authority or the competent Civil Court. 10. Hence the petition is disposed of with liberty as noted herein above. Judge Judge |Hedau|