Shambu Nath Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18402 of 2011 =========================================================== Shambu Nath Jha Son Of Sri Kameshwar Jha Resident Of Village - Nawada, P.O. Nawada, P.S.- Bahera, District - Darbhanga (Bihar) .... .... Petitioner

Versus

1. The State Of Bihar Through Commissioner - Cum - Secretary, Food Supply & Commerce Department, Government Of Bihar, Patna

2. The Commissioner, Darbhanga Division, Darbhanga, District - Darbhanga (Bihar)

3. The Collector, Darbhanga, District - Darbhanga (Bihar)

4. The Sub Divisional Officer, Benipur, District - Darbhanga (Bihar)

5. The Block Development Officer, Benipur, District - Darbhanga (Bihar)

6. The Block Supply Officer, Benipur, District - Darbhanga (Bihar)

7. The Mukhiya, Gram Panchayat Raj Nawada, Block - Benipur, District - Darbhanga (Bihar) .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Vinay Kumar Mishra, Mr. Anup Kr. Pandey, Advocates For the Respondents : Ms. Shobha Choubey, AC to GP 19 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 20-11-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing an order dated 28.07.2011 vide Letter No. 342 passed by the SubDivisional Officer, Benipur, Darbhanga (Respondent No. 4) whereby and whereunder he has directed the petitioner to refund the value of undistributed rice of Sampurna Gramin Rojgar Yojna amounting to Rs. 4,09,046.91.

3. Learned counsel for the petitioner states that pursuant

Patna High Court CWJC No.18402 of 2011 dt.20-11-2018 2/2 to the orders of this Court, the Enquiry Commission headed by Hon'ble Mr. Justice Udai Sinha (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. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.11.2018 Transmission Date N.A.