IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3450 of 2010 BINO PASWAN S/O LATE KAILU PASWAN R/O VILL.- BARGAON, WARD NO.- 10, P.O.- BARGAON, P.S.- BASNHI, DISTT.- SAHARSA (BIHAR ) … Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY NATURAL DISASTER MANAGEMENT DEPTT. GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, NATURAL DISASTER MANAGEMENT DEPTT. GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, SAHARSA 4. THE SUB DIVISIONAL WELFARE OFFICER SAHARSA SADER, SAHARSA 5. SRI BHAWANAND RAI, THE THEN SUBDIVISIONAL WELFARE OFFICER, SAHARSA SADAR, SAHARSA 6. THE BLOCK DEVELOPMENT OFFICER SONBARSA, DISTT.- SAHARSA 7. THE BLOCK WELFARE OFFICER, SONBARSA, DISTT.- SAHARSA 8. THE MUKHIYA, BARGAON GRAM PANCHAYAT DISTT.- SAHARSA 9. THE SARPANCH, BARGAON GRAM PANCHAYAT DISTT.- SAHARSA 10. THE PANCHAYAT ROJGAR OFFICER/SECRETARY, BARGAON GRAMPANCHAYAT … Respondnets. ----------- For the Petitioner : Mr. Sheel Bhadra Jha, Advocate For the Respondent : Mr. Rajendra Pd. Singh, Sr. Adv. (A.A.G.-I) ----------- 2. 3.3.2010 Heard Mr. Sheel Bhadra Jha, learned counsel for the petitioner and Mr. Rajendra Prasad, leanred A.A.G.I, for the respondents. In this writ application the petitioner has prayed for the following relief: 2 “ This application is for issuance of an appropriate writ, order or direction in the nature of „Mandamus‟ commanding and directing the concerned respondent not to misuse the Government flood Rehabilitation fund in providing assistance of Rs. Ten thousand (10,000) to such people whose house was completely damaged due to Kosi river flood tragedy happened in the State of Bihar in 2009 and to provide said economical assistance to the real sufferers of Panchayat on the basis of enquiry report in the matter sent to the District Magistrate, Saharsa (respondent no.3) by the respondent no.4 bearing letter no. 68 dated 17.1.2010 and to punish the wrong doer in accordance with law by way of recovery of illegal gain and by putting them behind bar in the larger interest of justice as mocry has been made with Government flood tragedy Rehabilitation scheme which is evident from authority letter itself.” Counsel for the petitioner has submitted that the Government Flood Rehabilitation fund providing assistance of Rs. 10,000/- to the affected person in the havoc of the flood caused by Koshi river of the year 2009 has not been extended to the real beneficiaries and 3 to support this aspect he also relies on the letter of the Sub-divisional Officer, Sadar, Saharsa dated 17.1.2010. Counsel for the State, on the other hand, would submit that since the matter is pending before the Collector of Saharsa District and no final decision has been taken as yet on the report of the Sub-divisional Officer, Sadar, Saharsa dated 17.1.2010, it would be premature for this Court to pass any order holding that there was some sort of irregularity/ bungling in distribution of the amount under the Government Flood Rehabilitation fund. In the opinion of this Court the Collector of the District is required to take action and if he finds that whatever has been stated in the report of the Sub- divisional Officer, Sadar, Saharsa has some semblance of truth, he would take immediate action against the erring officials/ persons in accordance with law within a period of three months from the date of receipt/ production of a copy of this order. It is, however, made clear that this Court has expressed no opinion on the merits of claim of the petitioner. 4 Surendra/ With the aforementioned observations and directions, this application is disposed of. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.)