Rajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2427 of 2015 ===========================================================

1. Rajesh Kumar S/o Late Awadhesh Prasad Singh Resident of Village Shambhopur Koari, P.S. Sarai, District Vaishali, at present posted as Range Assistant/In-Charge, Seed Certification Region, Jandaha, Vaishali under Sub Divisional Agriculture Officer, Hazipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Agriculture, Govt. of Bihar, Patna.

3. The Director, Agriculture, Bihar, Patna.

4. The Joint Director, Agriculture, Tirhut Division, Muzaffarpur.

5. The Joint Director, Farm, Tirhut Division, Muzaffarpur.

6. The Deputy Director, Agriculture, Tirhut Division, Muzaffarpur.

7. The District Magistrate, Vaishali.

8. The Sub Divisional Agriculture Officer, Hazipur (Vaishali). .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Verma For the Respondent/s : Mr. ASHOK KUMAR KESHRI =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 07-04-2015 *************** 07.04.2015 Heard learned counsel for the parties.

Whatever be the offer of the petitioner to make payment may be accepted by the respondents, but without any prejudice to their right to claim on the basis of a proper scientific assessment of the shortfall in the production, for which the petitioner is being penalized, as is the stand of the counsel, by way of recovery. These are the matters, which only the experts know best. The explanation offered to this Court can be very well appreciated by the authorities, who are actually

Patna High Court CWJC No.2427 of 2015 dt.07-04-2015 2/2 in the field and know the state of affairs on the ground much better than the Court under Article 226 of the Constitution of India.

Petitioner will have to satisfy the authorities by offering his explanation, because the authorities will be in a better position to take a decision on the basis of the bona fide of such explanation. This Court is not required to interfere in the matter at this stage.

Writ application stands disposed off in terms of above.

(Ajay Kumar Tripathi, J.) SKM/- U