Premchandra Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5056 of 2018 ====================================================== Premchandra Jha Son of Late Adityanath Jha, Propritor of Rajdhari Litho Arat Printing Press, resident of village P.O. P.S.- Barahiya, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary Department of Agriculture, Govt of Bihar, New Secretariat, Bailey Road, Patna 2.

The District Magistrate, Supaul, District Supaul. 3.

The District Agriculutre Officer, Supaul, Krishi Bhawan, Gaurav Garh, District- Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suman Kumar Mishra, Advocate For the Respondent/s :

Mr. Raghwanand -GA 11 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 23-01-2023 Petitioner has prayed for the following relief(s) :- "(i) For quashing the order dated 06.10.2012 vide Memo no.653, passed by District Agriculture Officer, Supaul, District- Supaul, whereby and where under payment of Rs.632,570/- has been rejected against the claim of supplied material in the office of the District Agriculture Officer, Supaul as contained as Annexure-6 of this writ petition.

Patna High Court CWJC No.5056 of 2018(2) dt.23-01-2023 2/3 (ii) For direction to the respondents to pay Rs.632,570/- and interest thereon at the rate of 12% compoundable yearly in terms of order passed in CWJC No.20230 of 2010 by order dated 25.07.2012 as contained in Annexure-4 to this writ petition. (iii) For any other relief/reliefs as deem fit and proper with the fact and circumstances of this case." After the matter was heard for some time, finding the Court not in favour of the submissions made across the Bar, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the concerned respondent and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.

It stands clarified that all issues of fact and law are left open to be agitated before the competent authority.

Patna High Court CWJC No.5056 of 2018(2) dt.23-01-2023 3/3 Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Prakash/- U