Vishwambhar Dubey And ORS v. The State Of Bihar And ORS
Patna High Court CWJC No.15510 of 2011 dt.05-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15510 of 2011 ===========================================================
1. Vishwambhar Dubey S/O Late Ramji Dubey R/O Village + P.S. Ashawan, Block - Andar, District - Siwan at present dealer of Public Distribution System of Panchayat and Centre Ashawan, District - Siwan
2. Jai Prakash Singh S/O Shri Ram Dabijan Singh R/O Village- Katwar, P.S. Ashawan, Block- Andar, District - Siwan at present dealer of Public Distribution System of Panchayat Arakpur at Centre Katwar, District - Siwan
3. Sri Krishna Singh S/O Late Ratan Singh R/O Village - Pipra, P.S. + Block - Andar, District - Siwan at present dealer of Public Distribution System Of Panchayat Kherhyan at Centre Pipra, District - Siwan
4. Chhote Lal Baitha S/O Late Mahendra Baitha R/O Village Tiyaen, P.S. + Block - Andar, District - Siwan at present dealer of Public Distribution System Of Jaijore At Centre Tiyaen, District - Siwan
5. Ramji Singh S/O Shri Bindhyachal Singh R/O Village - Tiyaen, P.S. + Block - Andar, District - Siwan, at present dealer of Public Distribution System Of Panchayat Jaijore at Centre Tiyaen, District - Siwan .... .... Petitioners
Versus
1. The State of Bihar
2. The Principal Secretary, Food & Consumer Protection Department, Government of Bihar, Patna
3. The Principal Secretary, Rural Development Department, Government Of Bihar, Patna
4. The District Magistrate, Siwan
5. The Deputy Development Commissioner, Siwan
6. The Block Development Office, Andar, Siwan .... .... Respondents =========================================================== Appearance :
For the Petitioners : Mr. Bishnu Kant Dubey, Advocate. For the Respondents : Mr. G.K. Agrwal, GA-10 =========================================================== 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 letter/notice containing Memo No. 26(Mu) dated 20.07.2011
Patna High Court CWJC No.15510 of 2011 dt.05-10-2018 issued under the signature of Block Development Officer, Andar, District- Siwan whereby in compliance of one letter bearing no. 1402 dated 05.07.2011 of the Deputy Development Commissioner, Siwan the petitioners have been directed to deposit the amount mentioned in the notice against rice given to them under Sampurna Gramin Yojna.
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.