Krishndeo Chaudhary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7447 of 2015 =========================================================== Krishndeo Chaudhary. Son of Late Suraj Chaudhary. Resident of Village - Meghua, P.S.- Motipur, District - Muzaffarpur. .... .... Petitioner
Versus
1. The State of Bihar, through the Principle Secretary, Rural Development Department, Government of Bihar, Patna.
2. The District Magistrate, Muzaffarpur.
3. The District Development Commissioner, District - Muzaffarpur.
4. The Sub-Divisional Officer (West), Muzaffarpur.
5. The Block Development Officer, Block - Motipur, District - Muzaffarpur. .... .... Respondents =========================================================== Appearance :
For the Petitioner : Mr. Jai Prakash Verma, Advocate. For the Respondents : Mr. Subhash Pd. Singh, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 09-08-2018 The present writ petition has been filed for quashing of the order as contained in Memo No. 657 dated 10.04.2015 passed by the Sub-Divisional Officer (West) Muzaffapur, whereby and whereunder the petitioner, PDS dealer has been directed to deposit amount of Rs. 1,32,999.60 (One lac thirty two thousand nine hundred ninety nine and sixty paise only) against lifted 97.08 quintal of rice under Sampurna Gramin Rojgar Yojana-02 (hereinafter referred to as 'SGRY') immediately in Block Nazarat and to submit his explanation within a period of 3 days failing which it has been intimated that license will be cancelled and punitive action will be taken; and for connected reliefs.
2. Learned counsel for the petitioner submits that the petitioner had lifted 97.08 quintals of rice in the year 2005-06 under Sampurn Gramin Yojana-02 against which permit was issued for distribution of 92.21 quintals of rice. However no permit was issued in
Patna High Court CWJC No.7447 of 2015 dt.09-08-2018 respect of remaining 4.87 quintals of rice which therefore remained undistributed.
3. Learned counsel for the respondents submits with reference to paragraph-4 of the counter affidavit that the petitioner has been directed to make payment of the stock rice remaining undistributed @ 13.70 per Kg. but the same has not been deposited by the petitioner. The demand of Rs. 1,32,999.60 has been made against the petitioner pursuant to the order of this Court dated 01.12.2014 passed in C.W.J.C. No. 19529 of 2016.
4. Having heard the parties and on consideration of the materials on record, I find the writ petition to be devoid of merit. The respondents claimed to have raised the demand of Rs. 1,32,999.60 pursuant to the order of this Court in C.W.J.C. No. 19529 of 2016. Such stand has not been controverted by the petitioner and no rejoinder to the counter affidavit has been filed.
5. This Court is therefore not inclined to interfere in the matter. The writ petition stands dismissed. (Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 14.08.2018 Transmission Date N.A.