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Patna High CourtCR. MISC./46376/2014dismissed

Sri Bhagwan Singh @ Bhagwan Singh v. The State Of Bihar

2015-07-06Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46376 of 2014 Arising Out of PS.Case No. -106 Year- 2011 Thana -BHAGWANPUR District- SIWAN ======================================================

1. Sri Bhagwan Singh @ Bhagwan Singh son of late Rajgrih Singh resident of village Sakari Panchayat Mirjumala, P.S. Bhagwanpur Hat, DistrictSiwan .... .... Petitioner

Versus

1. The State of Bihar

2. The Block Development Officer, Bhagwanpur Hat (Block) Dist.-Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Harsh Anuj For the Opposite Parties : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-07-2015 Heard both sides.

In my view, the present application is misplaced/misconceived. The petitioner earlier moved a writ petition vide CWJC No. 16874 of 2011 for quashing of certain order dated 5.7.2011 of the D.D.C., Siwan directing him to refund the value of undistributed rice under SGRY scheme at the specified rate. The same was disposed of on 11.11.2011 directing the Block Development Officer to consider the grievance of the petitioner placed through representation and till then no coercive step was directed to be taken.

Admittedly, according to the petitioner, the Block Development Officer (informant) has not disposed of the

Patna High Court Cr.Misc. No.46376 of 2014 (3) dt.06-07-2015 2/2 representation. It has also been pointed out that a contempt application is pending consideration arising out of order dated 11.11.2011 (Annexure-3).

In that view of the matter, prima facie, it appears that on the showing of the petitioner the present application is not maintainable . Mr. Dayal, has also submitted to the same effect. The application is dismissed.

(Kishore Kumar Mandal, J) Shyam/- U T