Sadanand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11646 of 2013 =========================================================== Sadanand Singh, S/o Late Tarni Singh R/O Vill. + Panchayat Manowar, P.S. Mahishi, Distt. - Saharsa Licence No. 354/07 .... .... Petitioner

Versus

1. The State of Bihar

2. D.D.C., Saharsa

3. S.D.O., Saharsa

4. B.D.O. Mahishi, Block, Saharsa

5. B.S.O. Mahishi, Block, Saharsa .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar, Advocate For the Respondents : Mr. Ved Prakash Srivastava, AC to SC 27 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 13-09-2018 The present writ petition has been filed for the following reliefs - "(i) For quashing the letter bearing no. 250-2 dt. 6/3/2013 issued under the signature of the respo. 2 addressed to all the Block Supply Officers of Saharsa Distt. to get the amount of undistributed rice @ 1370/- per quintal deposited by the PDS dealers including the petitioner after adjusting the amount, if the same was deposited through the Bank Draft @ Rs. 652/- per quintal.

(ii) For quashing the letter vide memo no. 810-2 dt. 06/05/2013 issued by the B.D.O, Mahishi Block, Distt. Saharsa whereby the petitioner has been directed to deposit the price of undistributed rice Rs.2,00,257.45/- through Bank Draft within a week failing which a certificate proceeding as well as an FIR shall be lodged.

Patna High Court CWJC No.11646 of 2013 dt.13-09-2018 2/2 (iii) The resp. authorities may be commanded not to take any kind of coercive action against the petitioner including the lodgement of F.I.R pursuant to Annexures - 1 and 2.

(iv) For any other relief or reliefs to which the petitioner may be found entitled to."

3. Learned counsel for the petitioner 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 Government to be taken on the basis of such report.

4. In the above view of the matter, learned counsel for the petitioner 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 petitioner, the writ petition stands disposed of with the aforesaid liberty. B.T/Chandran (Vikash Jain, J) AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.09.2018 Transmission Date N.A.