Baliram Das And ANR v. The State Of Bihar And ANR

Patna High Court CWJC No.19837 of 2011 dt.25-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19837 of 2011 ===========================================================

1. Baliram Das S/O Late Ram Prasad Das R/O Village- Masahari, PanchayatDhobini-Dharampur, Block- Lawriya, P.O. and P.S.- Sathi, District- West Champaran

2. Chhathu Das S/O Late Ramawtar Das R/O Village- Pakari, Panchayat- Pakari Marahiya, Block- Lauriya, P.O. and P.S.- Lauriya, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner, Tirhut Commissionary, District- Muzaffarpur

2. The Sub Divisional Officer, Narkatiaganj, Sub Division, District- West Champaran .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. DILIP KUMAR TONDON, ADV For the Respondent/s : Mr. P.N. SAHI AAG14 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 25-10-2018 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the orders both dated 19.08.2011(Annexure-1 series) issued by the Sub Divisional Officer, Narkatiaganj by which the petitioners have been directed to deposit rest amount of undistributed food grains lifted under the SGRY Scheme.

3. Learned counsel for the petitioners states that pursuant 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

Patna High Court CWJC No.19837 of 2011 dt.25-10-2018 Government to be taken on the basis of such report.

4. In the above view of the matter, learned counsel for the petitioners 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 petitioners, the writ petition stands disposed of with the aforesaid liberty.

6. Let the authorities refrain from taking coercive measures against the petitioners until decision is taken by the State Government, as aforesaid.

(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE NA Uploading Date 26.10.2018 Transmission Date NA