Umesh Prasad v. The State Of Bihar And ORS

Patna High Court CWJC No.1392 of 2014 (04) dt.14-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1392 of 2014 ====================================================== Umesh Prasad .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate. : Mr. Vijay Anand, Advocate.

For the Respondent/s : Mr. S.S. P. Sinha, A.C. to G.A.-13. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-12-2015 Heard learned Senior counsel for the petitioner and the learned counsel for the respondent-State.

2.

The present writ petition has been filed challenging the notice dated 18.07.2013 issued by respondent No.2 contained in Notice No. 806 in Certificate Case No. 14 of 2011-12, by which, last chance has been given to the petitioner to pay the due amount of the remaining rice supplied to him under the SGRY Scheme. 3.

Learned counsel for the petitioner invites attention of this Court to the order of this Court dated 01.08.2014 passed in C.W.J.C. No. 22893 of 2011, inter-alia, directing the petitioner to deposit the cost of 135.38 quintals as against the cost of 1099.98 quintals of rice, which is sought to be recovered through the Certificate Case No. 14 of 2008. It is further stated that in terms of letter dated 15.05.2015 (Annexure-10) Deputy Development Commissioner, Nalanda has directed the Block Development

Patna High Court CWJC No.1392 of 2014 (04) dt.14-12-2015 Officer, Islampur, Nalanda to accept the deposit of the petitioner in terms of the aforesaid order of this Court. It is further submitted that even though the petitioner is prepared to make payment of the required amount, the same is yet to be accepted by the concerned authorities.

4.

Learned counsel for the respondents appears and has been heard.

5.

Having heard learned counsel for the parties and on consideration of materials on record, the writ petition is disposed of with a direction to the concerned authority that if such payment is tendered by the petitioner, the same should be accepted without undue delay.

6.

This writ petition stands disposed of with the aforesaid observation and direction.

(Vikash Jain, J.) brajesh/- U