Saheb Sah v. The State Of Bihar And ORS

Patna High Court CWJC No.9569 of 2015 dt.23-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9569 of 2015 =========================================================== Saheb Sah S/o Late Hira Lal Sah Resident of Village - Dakrama, P.S. - Hathuri, Panchayat - Bhadai, Block - Aurai, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Food & Civil Supply Corporation, Govt. of Bihar, Patna.

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, Ms. Preety Kumari, Advocates For the Respondent/s : Mr. Md. N.H.Khan, SC I Ms. Babita Kumari, AC to SC 1 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-08-2018 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 non-deposit of Rs. 19,836.60 against the price of rice supplied under SGRY Scheme to the tune of 14 quintals 42 kg. and under Food for Work Scheme Rs. 1,05,037/- for 76 quintals, 67 kg, 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 that if the show cause reply of the petitioner dated

Patna High Court CWJC No.9569 of 2015 dt.23-08-2018 22.04.2015 (Annexure-2) is directed to be disposed of by the authorities, in which event, the writ petition need not be pressed.

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 representation dated 22.04.2015 (Annexure-2), 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. (Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 26.08.2018 Transmission Date NA