Deonandan Prasad v. The State Of Bihar And ORS

Patna High Court CWJC No.12399 of 2011 dt.05-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12399 of 2011 =========================================================== Deonandan Prasad S/O Late Jhaman Mahto R/O Vill.- Charowa Tola, Gopalpur, P.S.- Magadh Medical, Distt.- Gaya .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Gaya

3. The District Development Commissioner, Gaya

4. The Sub-Divisional Officer, Sadar, Gaya

5. The Block Development Officer, Town Block, Gaya

6. The Programming Officer, Town Block, Gaya .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Nand Kishore Prasad Sinha, Adv. For the Respondents : Mr. Girija Shankar Pd., GP-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-10-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the Memo No. 574 dated 04.07.2011 issued by the Sub-Divisional Officer, Sadar, Gaya (respondent no. 4) as contained in Annexure-2 whereby and whereunder the petitioner was directed to deposit the amou9nt of Rs. 71,771.50 of the price of food grain of 51.95 quintals at the rate of Rs. 1370 per quintal supplied to the petitioner under the National Food for Work Programme Scheme sponsored by the Central Government in the year 2005 at the rate of Rs. 625/- per quintal within a period of seven days in cash the office of the Block Programming

Patna High Court CWJC No.12399 of 2011 dt.05-10-2018 Officer (Narega).

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.

6. Let the authorities refrain from taking coercive measures against the petitioner until decision is taken by the State Government, as aforesaid.

(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 08.10.2018 Transmission Date N.A.