Umesh Prasad Sah v. The State Of Bihar And ORS

Patna High Court CWJC No.16544 of 2014 dt.16-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16544 of 2014 =========================================================== Umesh Prasad Sah Son of Badri Narayan Sah A resident of village - Barbana Raniganj, Ward No. 8, P.S. - Raniganj, District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate, Araria

2. Zila Parishad, Araria through its Deputy Development Commissioner-cumChief Executive Officer, Araria.

3. The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Araria.

4. The Additional Chief Executive Officer, Zila Parishad, Araria. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. R.C. Thakur, Mr. Kamal Kishore Singh, Advocates For the State : Ms. KUMARI AMRITA, Adv For the Zila Parishaf : Mr. Dinesh Maharaj, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-08-2018 The present writ petition has been filed for quashing the memo no. 890 dated 15.07.2014 and memo no. 933 dated 07.08.2014 issued from the office of the Additional Chief Executive Officer, Zila Parishad, Araria; and for connected reliefs.

2. Learned counsel for the petitioner states that on account of undistributed SGRY rice, the respondents have raised a demand of Rs. 4,62,512/- calculated @ Rs. 1.370/- per quintal to be deposited under threat of resort to recovery proceedings. It is further pointed out that during the pendency of the writ petition the same has been

Patna High Court CWJC No.16544 of 2014 dt.16-08-2018 recalculated and revised to Rs. 2,33,243/- in terms of memo no. 1369 dated 03.12.2014, enclosed with the supplementary affidavit. It is stated that the petitioner is facing financial stringency and is unable to pay the amount in one go.

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

4. Having regard to the nature of the grievance of the petitioner the writ petition is disposed of granting liberty to the petitioner to represent before the Deputy Development Commissionercum-Chief Executive Officer, Zila Parishad, Araria (Respondent No. 3) for grant of suitable instalments to enable the petitioner to make payment of the outstanding dues. If any such representation is filed within two weeks from today, the same shall be considered and disposed of in accordance with law within a further period of two weeks thereafter.

(Vikash Jain, J) Chandran/Md. Ibrarul AFR/NAFR NAFR CAV DATE NA Uploading Date 18.08.2018 Transmission Date NA