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Patna High CourtCWJC/16035/2011disposed

Rama Asharaya Singh And ORS v. The State Of Bihar And ORS

2018-10-01Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.16035 of 2011 dt.01-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16035 of 2011 ===========================================================

1. Rama Asharaya Singh S/O Late Raghunandan Singh R/O Village- Kharadra, P.S.- Asawan,District- Siwan, at present Dealer of Public Distribution System of Old Panchayat Kandh Pakar, New Panchayat Sahasraon at Centre Kharadra, District- Siwan

2. Mokta Nand Singh S/O Late Beyash Singh R/O Village- Belhi, P.S.- Andar, District- Siwan, at Present Dealer of Public Distribution System of Panchayat Balian At Centre Belhi, District- Siwan

3. Smt. Achchiya Devi W/O Late Ramprit Manjhi R/O Village- Kandhpakar, P.S.- Asawan, District- Siwan, at Present Dealer of Public Distribution System of Panchayat and Centre Kandhpakar, District- Siwan

4. Bijay Kumar Singh S/O Late Raghunandan Singh R/O Village- Sadalpur, P.S.- Asawan, District- Siwan, at Present Dealer of Public Distribution System of Panchayat Arkpur at Centre Sadalpur, District- Siwan

5. Ramrup Singh @ Rupa Singh S/O Late Ram Barai Singh R/O VillageKharadara, P.S.- Asawan, District- Siwan, at Present Dealer of Public Distribution System of Panchayat Sahasraon at Centre Khardara, DistrictSiwan .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Food & Consumer Protection Department, Government of Bihar, Patna

3. The Principal Secretary, Rural Development Department, Government of Bihar, Patna

4. The District Magistrate, Siwan

5. The Deputy Development Commissioner, Siwan

6. The Block Development Officer - Aandar, Siwan .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. BISHNU KANT DUBEY,ADV For the Respondent/s : AC to SC 9 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 01-10-2018 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the

Patna High Court CWJC No.16035 of 2011 dt.01-10-2018 letter dated 20.07.2011 issued by the Block Development Officer, Aandar, District Siwan (Respondent No. 6) whereby in compliance of the letter dated 05.07.2011 of the Deputy Development Commissioner, Siwan (Respondent No. 5) the petitioners have been directed to deposit rest amount of undistributed food grains lifted under the SGRY Scheme.

3. Learned counsel for the petitioners states that pursuant to the orders of this Court, the Enquiry Commission headed by Hon'ble Mr. Justice Udai Sinha (Retired) has now submitted its report and any further action in relation to recovery of the value of undistributed rice under the SGRY Scheme would abide by the decision of the State Government to be taken on the basis of such report.

4. In the above view of the matter, learned counsel for the petitioners seeks permission to withdraw the present writ petition with liberty to approach this Court afresh as and when the occasion arises in future.

5. Having regard to the stand of the petitioners, the writ petition stands disposed of with the aforesaid liberty.

6. Let the authorities refrain from taking coercive measures against the petitioner until decision is taken by the State Government, as aforesaid.

(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE NA Uploading Date 05.10.2018 Transmission Date NA