Amarnath Prabhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8827 of 2019 ====================================================== Amarnath Prabhakar Son of Rameshwar Paswan R/o Village-Khutahara, Near Primary School, P.S.-Amgachhi, District-Araria ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Department, Government of Bihar, Patna 2.

The Director Primary Education Human Resources Department, Government of Bihar, Patna 3.

The Collector District-Araria 4.

The District Programme Officer Midday Meal Scheme, District-Araria 5.

The Block Education Officer Block-Kursa Kanta, District-Araria 6.

The Block Sadhan Sevi Kursa Kanta Block-Kursa Kanta, District-Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh For the Respondent/s :

Mr. Madanjeet Kumar ( Gp20 ) For the M.D.M.

:

Mr. Girijish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2023

1. Heard the parties.

2. Learned counsel for the State as well as learned counsel appearing for the Mid-Day Meal Scheme submit that in the present writ application, the petitioner, who is the Head Master of Upgraded Middle School, Kursha Kanta, in the district of Araria, has challenged the letter, dated 23.01.2019, issued by the District Programme Officer, Mid-day meal scheme, Araria, directing him to deposit/refund the excess amount received by him for providing mid-day meal.

3. Learned counsel for the Mid-Day Meal submits that

Patna High Court CWJC No.8827 of 2019(3) dt.08-12-2023 2/2 upon inspection by the Block Sadhan Sevi, it was found that the number of children were less than the attendance made by the petitioner.

4. Taking into consideration the nature of dispute, in my opinion, it is appropriate for the Director, Mid Day Meal to hear both the parties and pass a final order upon the letter of recovery issued by the District Programme Officer, Araria.

5. Accordingly, I direct the Director, Mid Day Meal to fix a date for appearance of the petitioner as well as the District Programme Officer/Block Sadhan Sevi, for giving him/them personal hearing and decide the matter in accordance with law by a reasoned order.

6. It is made clear that the entire exercise must be completed by the Director within a period of six months from the date of receipt/production of a copy of this order.

7. With the aforesaid observation and direction, this writ application stands disposed.

(Anil Kumar Sinha, J) HarshPandey/- U