Lallan Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14526 of 2015 ====================================================== Lallan Prasad S/o Sri Chunni Sah, resident of village- Lauriya, P.S.- Lauria, District- West Champaran Proprietor of M/s Balaji Traders Lauria, P.S.- Lauria, District- West Champaran.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Secretary Department of Agriculture, Bihar, Patna.
2.
The Joint Director, Agriculture, Tirhut Commissionery Muzaffarpur. 3.
The District Agriculture Officer, District West Champaran Bettiah. 4.
The Assistant Officer, District Agriculture Office, District- West Champaran at Bettiah.
5.
District Magistrate District- West Champaran at Bettiah. 6.
America Pandit S/o Late Sukdeo Pandit resident of village Parau Tola P.S. Lauria, District- West Champaran.
7.
Sub-Divisional Agriculture Officer, Bettiah District- West Champaran, Bettiah.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K. Agrawal, Advocate Mr.Pancham Lal Jaiswal, Advocate Mr.Chandra Shekhar, Advocate For the Respondent/s :
Mr.Sadanand Paswan, GP-29 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2023
1. The present writ petition has been filed seeking the following relief(s):- "1.(I) To renew the fertilizer license no. 43 dated 21.8.2009 of the petitioner which was illegally cancelled by the respondent District Agriculture Officer, West Champaran Bettiah, through letter No. 1186 dated 3.8.11 which has been quashed by this Honorable High Court, Patna in C.W.J.C.
No. 7267 of 2013 order dated 11.2.2014.
Patna High Court CWJC No.14526 of 2015(4) dt.05-09-2023 2/3 (II) To pay compensation for loss in sale of the Fertilizers of Rs. 212747=00 House Rent loss of 21 month of Rs. 42000=00 28 July 2011 to 17/4/13 and 18.4.13 to 26.7.13 Rs. 6000=00 Cost of the litigation loss Rs. 2 lakhs, mental loss in illegal litigation and malicious prosecution Rs. 5 lakh loss of life of mother of the petitioner who died on 10.10.2012 due to seizure of fertilizer kept close in the house so created pollution thereafter she become patient and died, so in medicine and another cost Rs. 2 lakh total Rs. 21,60,747 (Twenty one lacs sixty thousand seven hundred forty seven only) and prestige loss of the petitioner Rs. 10 lakhs till 10.8.2015 with interest 12% till payment.
(III) To issue direction against the respondent Authority not to harass and commit damage and loss to any citizen of India. In this type of cases against the law in future and if any respondent Authority or any person or state instrumentalities found harassing and damaging and humiliating and lower down the prestige in society shall be liable for payment of compensation of Rs not less than 5 lakhs and that can be increased up to 1 crore as per the citizen prestige loss."
2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative
Patna High Court CWJC No.14526 of 2015(4) dt.05-09-2023 3/3 remedies as are otherwise available under the law, including that of filing a suit for damage before the learned Civil Court of competent jurisdiction for redressal of the aforesaid grievances. Liberty so sought is granted.
3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U