High CourtsDivision Bench(2021) 06 PAT CK 0108

Satyam Jha vs State Of Bihar

Patna High Court · Decided on 22 June 2021

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 246 Of 2021

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

54 paragraphs · 877 words

Petitioner has prayed for the following relief(s):-

“i. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to

set up adequate numbers of relief camps in proportion to the affected population across the flood affected districts in the States as per the protocols

setup under Section 19 of Disaster Management Act, 2005.

ii. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding Respondent Authorities to

 ensure food and ration along with clean drinking water delivery doorstep especially to the poor and needy including pregnant women, lactating

mothers and infants.

iii. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to

provide toilets and proper sanitation who are forced to take refuge on Highways and highlands.

iv. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to

ensure that Integrated Child Development Scheme) ICDS and Anganwadi Services including Antenatal Checkup, Pre Natal Checkup, Immunisation

and visitation of ASHA workers to pregnant women, lactating mothers and infant is extended without any hindrance through door step delivery in

flood affected areas.

v. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to

present the status report containing the details of the steps taken by the District Magistrates as per the directives of State Disaster Management

Authority.

vi. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to

deploy adequate State Disaster Response Force and National Disaster Response Force teams.

vii. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to

ensure effective sanitation and hygiene drive in order to mitigate water borne diseases.

viii. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to

provide mobile medical and healthcare facilities.

ix. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to give

additional cash assistance for failure of Crops due to floods and effective implementation of Compensation Scheme.

x. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to

provide adequate compensation for relief and rehabilitation to all the flood affected families across the State especially to those who became homeless

due floods.

xi. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to

ensure institutional delivery and other health care services through proper arrangement of their transportation to the nearest health facility.

xii. For issuance of an appropriate writ of Mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondents to take

necessary steps to combat the threat of malnutrition in the time of Floods and COVID-19. AND/OR

xiii. For grant of any other relief in the interest of justice, equity and good conscience.â€​

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is

issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today

for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it

of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

As such, petition stands disposed of in the following terms:-

(a) Petitioner shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the

grievance(s);

(b) The authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing

along with a copy of this order;

(c) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(d) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the

same shall be dealt with, in accordance with law and with reasonable dispatch;

(e) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties;

(f) Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits. All issues are left open;

(h) The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually

agree to meet in person i.e. physical mode;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.