Pushpendra Tivari v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9495 of 2020 ====================================================== Pushpendra Tivari, Son of Srikant Tiwari, Chini Mill, Buxar, P.S.- Buxar Town District Buxar, Proprietor M/S Jai Bajrang Traders, Sikraul Lakh, Buxar.

... ... Petitioner/s

Versus

1.

The Principal Secretary, Agriculture Department, Government of Bihar, Patna.

2.

The Director, Agriculture, Bihar, Patna.

3.

The Joint Director (Agronomy-Shashya), Patna Division, Mithapur Agriculture Farm, Patna.

4.

The District Agriculture Officer, Buxar.

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Advocate For the Respondent/s :

Mr.Awanish Nandan Sinha, GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 16-11-2021 Heard learned counsel for the parties.

This writ application has been filed seeking quashing of letter No. 1053 dated 13.07.2019, issued by the District Agriculture Officer, Buxar, whereby the petitioner has been directed to refund a sum of Rs. 3,02,412=00, which was wrongly received by him against subsidy, apropos, sale/purchase of HDPE pipe for irrigation.

The said communication has been brought on record by way of Annexure-2 to the writ application, which simply mentions that in case the petitioner fails to refund the said

Patna High Court CWJC No.9495 of 2020(3) dt.16-11-2021 2/2 amount, action shall be initiated against him under relevant provisions of law.

In our opinion, this writ application is premature and is dismissed accordingly. It goes without saying that petitioner shall be at liberty to take recourse to appropriate provision of law at appropriate stage.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) Rajesh/- U