Patna High CourtCWJC/19858/2011disposed

Raj Nandan Prasad v. The State Of Bihar And ORS

2018-10-26Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.19858 of 2011 dt.26-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19858 of 2011 =========================================================== Raj Nandan Prasad S/O Late Ganesh Prasad, Resident of Village - Haibaspur Mathia, P.S. - Rania Talab, Distt.- Patna .... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Patna

2. The Deputy Development Commissioner, Patna

3. The S. D. O, Paliganj, Patna

4. The Block Development Officer, Bikram, Patna

5. The Mukhia, Haibaspur Gona Kanapa, P.S. - Rania Talab, District - Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Dineshwar Mishra Mr. Surendra Mishra Dr. L.C. Prasad, Advocates.

For the Respondents : Mr. Anil Kumar Singh, GP-26 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 26-10-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the letter dated 06.09.2011 issued under the signature of the respondent no. 4 contained in Annexure-2 whereby the petitioner has been directed to deposit the amount of undistributed rice at the rate of Rs. 1370 per quintal which was delivered between the year 2001 to 2006.

3. Learned counsel for the petitioner states that the Enquiry Commission headed by Hon'ble Mr. Justice Udai Sinha

Patna High Court CWJC No.19858 of 2011 dt.26-10-2018 (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 petitioner 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 petitioner, 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) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.10.2018 Transmission Date N.A.