Mundrika Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15511 of 2015 =========================================================== Mundrika Prasad Singh S/o Bambahadur Singh, Resident of Panchayat- Aatrar, P.S.- Aurai, Block- Aurai, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Muzaffarpur

2. Dy. Development Commissioner, Muzaffarpur

3. The Sub Divisional Officer, (East), Muzaffarpur

4. The Block Development Officer, Aurai, Muzaffarpur

5. The Block Supply Officer, Aurai, Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Sr. Adv Mr. Dhananjaya Nath Tiwari Mr. Anujit Sinha, Advocates For the Respondent/s : Mr.Upendra Pratap Singh, AC to SC 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 28-08-2018 The present writ petition has been filed for quashing the notice contained in memo no. 147/Aa dated 12.03.2015 by which the petitioner has been directed to file show cause with regard to nondeposit of Rs. 56,820/- against the price of rice supplied under SGRY Scheme/Food for Work Scheme for 550 quintals of rice failing which stern action will be taken fixing responsibility against the petitioner.

2. At the outset itself, learned counsel for the petitioner submits that it will suffice if the show cause reply of the petitioner dated 11.04.2015 (Annexure-4) is directed to be disposed of by the authorities, in which event, the writ petition need not be pressed.

Patna High Court CWJC No.15511 of 2015 dt.28-08-2018

3. Learned counsel for the respondents appears and has been heard.

4. 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 Sub Divisional Officer (East), Muzaffarpur (Respondent No. 3) to consider and dispose of the petitioner's show cause reply dated 11.04.2015 (Annexure-4), if the same is pending before him, 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.

5. In the meantime, it is directed that the Sub Divisional Officer (East), Muzaffarpur shall refrain from resorting to coercive steps against the petitioner for recovery of the dues until disposal of the aforesaid show cause reply (Annexure-4).

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 07.09.2018 Transmission Date NA