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Patna High CourtCWJC/17549/2019dismissed

Chandrajeet Singh v. The State Of Bihar

2019-12-03Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17549 of 2019 ====================================================== 1.

Chandrajeet Singh Son of Jang Bahadur Singh, Resident of Village- Chata Naraili, P.S. Durgawati, District- Kaimur(Bhabua). 2.

Jogendra Kumar Singh, Son of Bindhayachal Singh, Resident of VillageKasthari, P.S. Durgawati, District- Kaimur(Bhabua). 3.

Vijay Kumar, Son of Ganga Singh, Resident of Village- Dudhra, P.S. Mohaniya, District- Kaimur, Bhabua.

4.

Munna Singh, Son of late Yasdev Singh, Resident of Village- Kauriram, P.S. Mohaniya, District- Kaimur, Bhabua.

5.

Krishna Kumar, Son of Ramanand Singh, Resident of Village- Dudhara, P.S. Mohaniya, District- Kaimur, Bhabua.

6.

Lal Bahadur Singh, Son of late Ram lal Singh, Resident of VillageSonbarsha, P.S. Belaon, (Rampur), District- Kaimur(Bhabua). 7.

Uma Shankar Singh, Son of Banarsi Singh, Resident of Village- Khanuthi, P.S. Bhabua, District- Kaimur(Bhabua).

... ... Petitioners

Versus

1.

The State of Bihar through the Director Agriculture Department Govt. of Bihar, Patna.

2.

The Director Agriculture Department, Govt. of Bihar, Patna. 3.

The Collector, Kaimur (Bhabua) 4.

The District Agriculture Officer, Kaimur(Bhabua). ... ... Respondens ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Narayan Singh.1 For the Respondent/s :

Mr.Dhurjati Kr. Prasad (Gp14) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-12-2019 Though this writ application has been filed on behalf of seven petitioners, in the light of the order of this Court dated 17.09.2019, the writ application on behalf of petitioners No. 2 to 7 were permitted to be withdrawn with a liberty to file fresh writ application. This writ application is, thus, confined to the sole petitioner, i.e., Chandrajeet Singh.

Patna High Court CWJC No.17549 of 2019(5) dt.03-12-2019 2/3 Under certain welfare scheme of the State Government of Bihar for aiding and promoting agriculture sector, it appears, subsidy was decided to be extended to farmers in purchase of machineries. It is the petitioner's case that a sum of Rs. Four lakhs was though sanctioned as subsidy on 15.03.2018, the same was not actually paid to him. A counter affidavit has been filed on behalf of respondent State of Bihar, wherein it has been stated that the said amount of Rs. Four lakhs has been deposited in petitioner's account through RTGS on 28.11.2019.

Learned counsel appearing on behalf of the petitioner has submitted that since the petitioner purchased the machinery in question after payment of full amount and because subsidy is being belatedly paid, this Court should direct payment of interest.

There is no adequate pleading or material on record on the basis of which the Court can reach a conclusion that the petitioner is entitled for any interest because of belated payment of subsidy amount.

In view of the statement made in the counter affidavit, this writ application has become infructuous and is accordingly disposed of.

Patna High Court CWJC No.17549 of 2019(5) dt.03-12-2019 3/3 The petitioner shall have liberty to file a suit to claim the interest for delayed payment.

(Chakradhari Sharan Singh, J) Pawan/- U