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Patna High CourtCWJC/2808/2022withdrawn

Amit Kumar Singh v. The State Of Bihar

2022-03-04The Chief Justice -,Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2808 of 2022 ====================================================== Amit Kumar Singh S/O R.P. Singh Resident of Maghar, Sagar Sultanpur, P.S. - Bhagwanpur, District- Siwan, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Khadya Bhawan, Daroga Prasad Rai Path, R Block, Patna.

2.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. Khadya Bhawan, Daroga Prasad Rai Path, R Block, Patna. 3.

The Accountant General, Birchand Patel Path, Patna 800001. 4.

Ajay Kumar Agarwal, Chartered Accountant, M/S S.K. Patodia And Associate, 603, Sumati Palace, Opposite Alankar Jewellers, Boring Road, Patna - 800001.

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

For the Petitioner/s :

Mrs.Archana Sinha @ Archana Shahi, Advocate For the Respondent/s :

Mr.Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 04-03-2022 Petitioner has prayed for the following relief(s): "a) For issuance of writ of Mandamus to

Patna High Court CWJC No.2808 of 2022(2) dt.04-03-2022 2/3 recover Rs 52.81 lakhs illegally paid to Respondent no-4 by Respondent no 2 and initiate legal action against the accused person for defalcation of public Money.

b) For any other consequential relief or reliefs for which the petitioner is found entitled during course of hearing of this writ petition."

After the matter was heard for some time, finding the Bench not to be in favour of the submission made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petition, in its present form, may be permitted to be withdrawn reserving liberty to file afresh with better particulars on the same and subsequent cause of action, if so required and desired. Prayer allowed.

Petition is disposed of as withdrawn with the liberty aforesaid.

As and when such petition is filed, registry shall process it immediately and have it listed before the appropriate Court.

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

Patna High Court CWJC No.2808 of 2022(2) dt.04-03-2022 3/3 Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Mohit Kumar Shah, J) K.C.Jha/DKS U