Mahesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2564 of 2025 ====================================================== Mahesh Kumar Yadav S/o Rajmangal Ray, Resident of VillageBisambharpatti, P.S.- Hathouri, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Food and Civil Supplies, Bihar, Patna.

2.

The District Magistrate, Muzaffarpur.

3.

The District Supply Officer, Muzaffarpur.

4.

The Sub Divisional Officer, Purvi, Muzaffarpur. 5.

The Block Supply Officer, Katra, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate.

Ms. Versha Verma, Advocate.

For the Respondent/s :

Mr. Standing Counsel (23) with Ms. Vijaya Laxmi, AC to SC-23.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 03-09-2025 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "To issue an appropriate order/s, direction/s including a writ preferably in the nature of Certiorari for quashing the memo No. 95 dated 17.01.2025 issued by the SubDivisional Officer, Purvi, Muzaffarpur whereby and whereunder the Respondent No. 4 (SDO Purvi, Muzaffarpur) wrongly and illegally direct the petitioner to produce evidence on 21.01.2025 regarding handed over the balance food grains to one PDS Dealer namely Pravin Kumar which was already handed over the Pravin Kumar by the petitioner much earlier."

3. In the counter affidavit filed by the Respondent

Patna High Court CWJC No.2564 of 2025(6) dt.03-09-2025 2/2 Nos. 2, 3, 4 and 5 at paragraph 7, it is stated as under:- "7.

That it is respectfully submitted that the petitioner has already submitted a reply dated 21.01.2025 along with purported evidence (Annexure P/4 to the writ application at page 14 to 15) and the same is under administrative consideration; hence, the present petition is premature and liable to be rejected."

4. Having regard to the same, the present writ petition is disposed of directing the Respondent No. 4 i.e. SubDivisional Officer, Purvi, Muzaffarpur herein to pass necessary orders strictly in accordance with law duly taking into consideration the reply dated 21.01.2025 filed by the petitioner. It is needless to observe that before passing any order the petitioner shall be granted an opportunity of hearing. The entire exercise shall be completed as expeditiously as possible preferably within a period of 12 weeks from the date of the receipt of the copy of this order. Any order passed shall be communicated to the party.

5. With the above observation, the present Writ Petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U