Nakchhed Ram vs State Of Bihar And Ors

Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State-respondents.

The present writ application, in the form of Public Interest Litigation, has been filed by the petitioner for a direction to the State authorities to take

action against the persons and beneficiaries found guilty of large scale fraud/embezzlement of the Government money, meant for flood relief scheme

and also for commanding the authorities to make a preventive policy decision for flood control.

The brief facts, giving rise to the present writ application, is that due to release of water from Nepal in the rainy season, almost every year the flood

has become a regular phenomenon in the low lying areas of Bihar, including the district of West Champaran. According to the petitioner, the State

machinery awaits for the advent of the flood with stock of articles to be distributed for relief measures and sand bags for preventing erosion, which

are inadequate. However, the Government came out with a decision to pay a sum of Rs. 6,000/- ex-gratia to every family affected by the flood in the

year 2017 and the beneficiaries of such payment were to be selected by “Anushrawan Samiti†of the panchayat, in which the Mukhiya was the

ex-officio Chairman and Ward Councillors were the members of the said Samiti. The contention of the petitioner is that a large scale fraud was

committed, wherein the undeserved families were favoured for extraneous consideration inasmuch as every member of favourite families were paid

the relief amount of Rs. 6,000/- to each member of that family ignoring the Government policy, though it was intended for each family instead and the

actual needy persons were denied the said amount as they failed to please the concerned authorities.

The petitioner has given example of such irregularities in payment of flood relief amount at Gaunaha block in the district of West Champaran.

The State-respondents has filed counter affidavit denying the allegation made by the writ petitioner, stating therein that it is wrong to say that any

illegalities/irregularities have been committed in general. Referring to the allegation made in paragraph 8 of the writ application, it has been stated that

it is not true that all the beneficiaries belong to one family inasmuch as all are separte from each other and they have got their separate houses and

business activities. It has also been stated that it is true that both, Kaushar and his wife Sabiha were given Rs. 6,000/- each, but later on, Kaushar

Alam, whose name has been shown at serial no. 614, has returned the amount of Rs. 6,000/- in the S.B.I. Bank, at Gaunaha branch, on 17.04.2018.

The respondents, in their counter affidavit, have further stated that the District Disaster Management Officer, West Champaran, Bettiah, has referred

the representation submitted by the writ petitioner and others to the Circle Officer, Gaunaha, to conduct an enquiry in the matter and in pursuance

thereof, the Circle Inspector conducted the enquiry on 15.06.2018 and found that all beneficiaries, to whom the writ petitioner has alleged that they

have been given the amount of Rs. 6,000/- on individual basis, have separate and independent entities and used to reside separately from each other

and, accordingly, the Circle Officer, Gaunaha, has submitted its report, vide letter no. 123, dated 18.06.2018 (Annexure-E to the counter affidavit).

After having heard learned Counsel for the parties concerned and taking into consideration the materials available on record, and the stand taken by

the State-respondents in the counter affidavit, we are of the considered view that no direction is needed in this Public Interest Litigation.

Accordingly, this writ application is disposed of.