Harendra Tiwari v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9864 of 2020 ====================================================== Harendra Tiwari, Son of Sri Kant Tiwari Chini Mill, Buxar, P.S.- Buxar Town, District- Buxar, Proprietor M/S Laxmi Enterprises and M/S Jai Mata di Enterprises, 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.Raghwanand, GA-11 ====================================================== 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. 1055 dated 13.07.2019 and letter No. 1057 dated 19.05.2020, issued by the District Agriculture Officer, Buxar, whereby the petitioner has been directed to refund a sum of Rs. 12,72,216=00 and Rs. 5,70,477=00 respectively, which was wrongly received by him against subsidy, apropos, sale/purchase of HDPE pipe for irrigation.

The said communication has been brought on record

Patna High Court CWJC No.9864 of 2020(2) dt.16-11-2021 2/2 by way of Annexures- 2 & 3 to the writ application, which simply mentions that in case the petitioner fails to refund the said 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