Ram Chela Ram v. The State Of Bihar And ORS

Patna High Court CWJC No.4533 of 2015 dt.27-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4533 of 2015 =========================================================== Ram Chela Ram son of late Bahadur Ram Resident of village - Sondihra, P.S. Sheosagar, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar through D.M. Rohtas.

2. The District Development Commissioner, Rohtas at Sasaram.

3. The Sub-Divisional Officer Sasaram, Rohas cum Certificate Officer, Sasaram.

4. The Block Development Officer, Sheosagar, Rohtas.

5. The Block Supply Officer, Sheosagar, Rohtas. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Asif Kalim, Adv For the Respondent/s : Mr. Narendra Kumar, AC to GP 20 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 27-08-2018 The present writ petition has been filed for quashing the certificate Case No. 20/2011-12 pending before the Sub Divisional Certificate Officer, Sasaram since the very initiation of the procedure is against/in violation of order dared 12.09.2011 passed in CWJC No. 14027 of 2011; and for quashing the memo no. 1871 dated 29.08.2012.

2. Learned counsel for the petitioner invites reference to the order of this Court dated 12.09.2011 passed in CWJC No. 14027 of 2011 (Ram Chela Ram vs. the State of Bihar and Ors.) and analogous cases, inter alia, directing the Sub Divisional Officer, Sasaram to issue a fresh notice specifying the quantity of rice that would remain undistributed with the petitioners and until then no coercive steps would be taken against them. It

Patna High Court CWJC No.4533 of 2015 dt.27-08-2018 is submitted that pursuant to the order of this Court a notice under Section 7 of the PDR Act dated 02.12.2011 has been issued without however, mentioning the quantity of rice.

3. Learned counsel for the respondents on the other hand, submits that subsequently the Block Development Officer has issued letter No. 29.08.2012 informing the quantity of rice relating to the petitioner and the order of this Court stands substantially complied with.

4. Having regard to the nature of the grievance of the petitioner and the stand of the respondents, this Court is of the view that the order of this Court dated 12.09.2011 has been substantially complied with and the petitioner has been informed the quantity of rice. The petitioner shall be at liberty to file a petition under Section 9 of the PDR Act within a period of 30 days from the date of receipt/production of a copy of this judgment and the Certificate Officer shall accordingly proceed in accordance with law.

5. The writ petition stands disposed of.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 30.08.2018 Transmission Date NA