Patna High CourtCWJC/9939/2013disposed

Jay Karan Ray v. The State Of Bihar And ORS

2015-08-13Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.9939 of 2013 (4) dt.13-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9939 of 2013 ======================================================

1. Jay Karan Ray S/O Late Nand Kishore Ray R/O Village- Naya Gaon, Bariyarpur, Police Station- Desari In The District Of Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Vaishali

3. The Deputy Development Commissioner, Vaishali

4. The Sub-Divisional Officer, Mahnar, Vaishali

5. The Block Development Officer, Sahdei Buzurg In The District Of Vaishali .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Respondent/s : Mr.

======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and the State. The petitioner is a P.D.S. dealer under S.G.R.Y. Scheme. He was allotted 537 quintals of rice between 2001-02 to 2006-07 at the APL rate.

The petitioner submits that the rice was to be distributed against the coupon only. As the coupons were not supplied, the rice could not be distributed. The petitioner submits that time and again he filed representations (Annexure-3 series) before the authorities concerned to lift the undistributed rice but no action has been taken. However, a demand was raised to refund the value of undistributed rice at the APL rate. Being aggrieved, the

Patna High Court CWJC No.9939 of 2013 (4) dt.13-08-2015 petitioner moved this Court in C.W.J.C. No.15720 of 2011 which was disposed of by order dated 12.10.2011 with a direction to approach the Block Development Officer by filing a representation. It was further directed that pending adjudication, the petitioner should deposit a sum of Rs.15,000/- which he deposited.

The petitioner submits that earlier also he had deposited a sum of Rs.22,000/- on 7.8.2011 vide Annexure-4. The petitioner submits that the Block Development Officer did not consider the representation made by him on 17.8,2007 and 15.2.2008 for lifting of undistributed rice.

Having considered the facts and circumstances of the case, this writ application is disposed of with a direction to the petitioner to approach the Deputy Development Commissioner, Vaishali who would examine the matter after giving opportunity of hearing to both sides.

(Samarendra Pratap Singh, J) KHAN/- U