Patna High CourtCWJC/7363/2015disposed

Lakhindra Pandey v. The State Of Bihar And ORS

2018-08-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7363 of 2015 =========================================================== Lakhindra Pandey Son of Late Daroga Pandey Resident of Village- Saghanpura, P.S. Kathaiya, District- Muzaffarpur.

.... .... Petitioner

Versus

1. The State of Bihar, through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2. The District- Magistrate, Muzaffarpur.

3. The District Development Commissioner, District- Muzaffarpur.

4. TheSsub-Divisional Officer (West), Muzaffarpur.

5. The Block Development Officer, Block-Motipur, District- Muzaffarpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Jai Prakash Verma, Advocate For the Respondents : Mr. Kamlesh Kishore, AC to SC 12 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 24-08-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order contained in memo no. 634 dated 10.04.2015 passed by the Sub-Divisional Officer (West) Muzaffarpur, whereby the petitioner being a PDS Dealer has been directed to deposit balance amount of Rs. 65,163.50 against lifted 53.55 quintals of rice under Sampurn Gramin Rojgar Yojana and balance amount of Rs. 58,500/- against lifted 50 quintals of rice under "Food for Work" scheme of the Central Government in Block Nazarat Motipur immediately and to submit his explanation within a period of three days failing which licence will be cancelled and punitive action will be taken; further for direction to the respondents to grant "No Dues Certificate" to the petitioner; and for

Patna High Court CWJC No.7363 of 2015 dt.24-08-2018 2/2 connected reliefs.

3. Learned counsel for the petitioner submits that pursuant to the order dated 27.04.2012 passed by the coordinate Bench of this Court in CWJC No. 19121 of 2011, the petitioner filed a representation before the District Magistrate, Muzaffarpur on 05.11.2012 (Annexure-4) but the same has not yet been disposed of.

4. Learned counsel for the respondents appears and has been heard. The stand of the petitioner has not been controverted in the counter affidavit.

5. Having regard to the nature of the grievances and the stand of the petitioner, the present writ petition is disposed of with a direction to the District Magistrate, Muzaffarpur (Respondent No. 2) to consider and dispose of the petitioner's representation dated 05.11.2012 (Annexure-4), after grant of opportunity of hearing to the petitioner in accordance with law expeditiously and preferably within a period of eight weeks from the date of receipt/production of a copy of this judgment.

(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04.09.2018 Transmission Date N.A.