Md. Ismailuddin And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15548 of 2017 ====================================================== 1.

Md. Ismailuddin S/o Late Md. Ghafruddin, R/o Vill- Mali, Panchayat Mali, Block- Beldaur, Distt- Khagaria, License No.- 10B/2007. 2.

Satya Narayan Yadav, S/o Late Bharat Yadav, R/o Village- Kanjari, P.S.- Beldaur, District- Khagaria. License No.- 22V/200/2007. 3.

Md. Maubarak Hussain, S/o Md. Suleman, R/o Village- Tarauna, PanchayatDighaun, Block- Beldaur, P.S.- Beldaur, Distt- Khagaria, License No.- 43B/2007 ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Deputy Development Commissioner, Khagaria.

3.

Block Development Officer, Beldaur Block, Khagaria. 4.

Block Supply Officer, Beldaur Block, Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Respondent/s :

Mr.Arvind Ujjwal Sc4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 29-07-2025

1. The Writ petition is filed for the following reliefs:- "(I) For quashing the communication letter as contained in memo no. - 1083 dt. - 24.08.2017 issued under the signature of the respondent no.- 2 whereby and where under all the Block Development Officers of Khagaria District has been directed to inform the concerned

2/4 PDS dealers of the District regarding letter no.-501 dt.-11.08.2017 issued by the Secretary of Hon'ble Justice Uday Sinha (Retd.) Judicial Enquiry Commission, 12-13 Back Harding Road, Patna.

(II) For quashing the memo no.- 1205 dt.-31.08.2017 issued by the B.D.O., Beldaur Block to the petitioners directing them to deposit 50% amount in the Block Nazarat within a week from the date of receipt of the said order.

(III) For direction upon the respondent no.-3 not to take any coercive steps against the petitioners pursuant ot impugned communication letter dt.- 24.08.2017 and 31.08.2017 during pendency of the present writ application.

(IV) For any other relief/reliefs to which the petitioner may be entitled to."

2. Heard the Learned counsel for the petitioners as well as the Learned counsel for the respondents.

3. During the course of arguments, the Learned counsel for the petitioners restricted his arguments to pass a similar order as passed in

3/4 C.W.J.C. No. 23701 of 2013 which was also filed against the order of Hon'ble Mr. Justice Udai Sinha Committee. In the said order this Court relied on the judgment in a batch of cases in C.W.J.C. No. 308 of 2013 and analogous matters, wherein this Court has permitted the petitioners to withdraw their Writ petition with a liberty to approach this Court afresh as and when the occasion arises in future. It was further decided that till a decision is taken by the State Government, the authorities shall refrain from taking any coercive measures against the petitioners.

4. Following the same reasoning, the Writ petitioners are permitted to withdraw the writ petition with a liberty to approach this Court afresh, as and when the occasion arises in future. Until a decision is taken by the State Government based on the report of the Commission headed by Hon'ble Mr. Justice Udai Sinha in relation to recovery of the value of

4/4 undisputed rice under the SGRY Scheme, the Respondents are directed not to take any coercive measures against the petitioners.

5. With the aforesaid directions, the Writ petition is disposed off.

6. Interlocutor Application(s), if any, shall stand disposed of.

(G. Anupama Chakravarthy, J) amitkr/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 29.07.2025 Transmission Date N/A