Md. Kajim v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3029 of 2016 ====================================================== Md. Kajim S/o Ijjat Ali, resident of Khempur, Mauja Alepur, P.S. Barsoi, District - Katihar ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Katihar 2.

The District Programme Officer, Katihar 3.

The District Certificate Officer, Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG 5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL JUDGMENT Date : 06-05-2025

1. Heard learned counsel for the parties.

2. The writ petition has been filed for quashing the entire proceeding of certificate Case No. 15/2011-12 initiated for realization of an amount of Rs. 4,79,500/- (Four lakhs seventy nine thousand five hundred only) for the cost of 350 quintals of rice, at the rate of 13.70/Kg as fixed by the C.A.G. remained with the petitioner under Block Scheme of NFFW supplied in the year 200406.

3. At the outset, Learned counsel for the respondents contended that since this matter

Patna High Court CWJC No.3029 of 2016 dt.06-05-2025 2/3 is squarely covered under the judgment dated 08.03.2022 passed in CWJC No. 10446 of 2020 (Bhawesh Kumar Bhaskar Vs. The State of Bihar & Ors.) by Division Bench of this Court, this writ petition may also be disposed of on the same terms and conditions.

4. I have perused the judgment passed in CWJC No. 10446 of 2020 (supra) in which their Lordships have held "As there was dispute between the parties, this Court constituted an inquiry commission headed by retired Judge (Mr. Justice Uday Sinha) where both the parties including the petitioner appeared and the liability of the petitioner was determined as Rs.19,85,332/- in 2018 itself, by said commission which is to be refunded by the petitioner and due to non-refund, certificate proceeding has been initiated for realization of said amount.

In such view of the matter, this Court does not find any merit in this case and is accordingly dismissed."

5. In view of the observations made by

Patna High Court CWJC No.3029 of 2016 dt.06-05-2025 3/3 the Division Bench of this Court, the Writ petition is dismissed as it is devoid of merits.

6. Interlocutory Application, if any, shall stands disposed of.

(G. Anupama Chakravarthy, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.05.2025 Transmission Date