IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No. 10190 of 2010 ========================================== Happy Kumar Sharma, S/O Shri Uma Kant Sharma, R/O Village Raghunathpur, P.O. Bishoul, P.S. Harlakhi, District- Madhubani. …………….. Petitioner Versus 1. The State of Bihar through the Principal Secretary , Disaster Management Department, Govt. of Bihar, Patna. 2. The Principal Secretary, Disaster Management Department, Govt. of Bihar, Patna. 3. The District Magistrate, Muzaffarpur. 4. The District Magistrate, Sitamarhi. 5. The District Magistrate, Saharsa. 6. The District Magistrate, East Champaran. 7. The District Magistrate, Supaul. 8. The District Magistrate, Darbhanga. 9. The District Magistrate, Patna. 10. The District Magistrate, Bhagalpur. 11. The District Magistrate, West Champaran. 12. The District Magistrate, Katihar. 13. The District Magistrate, Madhubani. 14. The District Magistrate, Samastipur. 15. The District Magistrate, Sheohar. 16. The District Magistrate, Nalanda. 17. The District Magistrate, Khagaria. 18. The District Magistrate, Gopalganj 19. The District Magistrate, Madhepura. 20. The District Magistrate, Araria. 21. The District Magistrate, Begusarai. 22. The District Magistrate,Vaishali. 23. The District Magistrate, Siwan. 24. The District Magistrate ,Purnea. 25. The District Magistrate, Chapra ……. Respondents 2 =================================================== APPEARANCE For the Petitioner : Mr. Y.V. Giri, Senior Advocate Mr.Saroj Sandarsi, Advocate For the State : Mr. N.K. Sinha, AAG X Mr. Md. Anis Akhtar, AC to AAG X =================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 28/7/2010 This petition under Article 226 of the Constitution of India is brought about by a concerned citizen, resident of Madhubani district, in respect of Disaster Management Preparation by the State. It is the complaint of the petitioner that in spite of the Disaster Management Act and the Government’s Policy contained in its communication dated 2nd May 2008, the State is not well prepared to face the flood which is the perennial nature of the State of Bihar. The complaint is that in all flood prone districts the State has not made any arrangement or adequate arrangement for protection of persons and properties of the residents by providing shelter houses, polythene- sheets, boats, life jackets etc. In answer, the State has responded by its counter 3 affidavit made by Sri Ram Roop Singh, Deputy Secretary, Disaster Management Department, Government of Bihar. According to the counter affidavit, adequate arrangements have been made in all districts, particularly, the flood prone districts. The details of facilities available in each district have been placed at annexure –C to the counter affidavit (page 30). The statement prepared on 15th June 2010 records the availability of government boats, private boats, rubber boats, life jackets etc. It also mentions that order for adequate length of polythene-sheets has also been placed. We have no reason to doubt the statement made by the State. We do believe that adequate length of polythene - sheets must have been purchased by now, the end of the month of July 2010. We do not see merits in the apprehension voiced by the petitioner. In view of the counter affidavit, the petition does not require attention at this stage. The petition is summarily disposed of. Neyaz/ ( R. M. Doshit,CJ.) (Jyoti Saran, J.)