Patna High CourtCWJC/21031/2013dismissed

Chandra Bhushan Paswan v. The State Of Bihar And ORS

2018-08-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21031 of 2013 =========================================================== Chandra Bhushan Paswan, Son of Sri Sita Ram Paswan Resident of Village Gaushpur, P.S. Jandaha, District- Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Old Secretariat, Patna.

2. The District Magistrate-Cum-Collector, Vaishali, Hajipur.

3. The Certificate Officer, Vaishali, Hajipur.

4. The Block Development Officer, Jandaha, District Vaishali. .... .... Respondents =========================================================== Appearance :

For the Petitioner : None For the Respondents : Mr. Manish Kumar, AC to GP 28 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 23-08-2018 The present writ petition has been filed for the following reliefs - "(A) For issuance of an appropriate writ/writs to quash the certificate proceedings initiated jointly against the petitioner and one Shankar Paswan vide certificate case No. 81 of 2011-12 being Rs. 77,981.00 the price of rice under the scheme of Sampurna Rojgar Yojna left with the Petitioner and Shankar Paswan even as the Petitioner is ready to pay immediately dues pertaining to the rice let with the Petitioner for which alone he can be held liable i.e. 30.3 quintals costing Rs. 27,447.42 less Rs. 7,000/- deposited i.e. Rs. 20,447.42.

(B) Further prayer is being made to grant the stay of operation of the impugned order dated 13.06.2012 (Annexure-6), the learned Certificate Officer issued bailable warrant against the Petitioner.

Patna High Court CWJC No.21031 of 2013 dt.23-08-2018 2/2 (C) For any other relief/reliefs to which Petitioner is found entitled under the facts and circumstances of the case."

2. None appears on behalf of the petitioner despite repeated calls.

3. A perusal of paragraph 18 of the writ petition discloses that the petitioner approached the Certificate Officer with a petition dated 21.08.2013 stating that he was ready to pay the balance amount of price of rice of 30.3 quintals which remained with him.

4. Learned counsel for the respondents invites reference to paragraph 13 of the counter affidavit, according to which some amount has been paid by the petitioner.

5. Having regard to the averment of the petitioner that he is willing to make payment of the remaining amount of price of rice, this Court is not inclined to interfere in the matter. The writ petition accordingly stands dismissed.

(Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 25.08.2018 Transmission Date N.A.