Patna High CourtCWJC/17792/2011disposed

Damodar Prasad v. The State Of Bihar And ORS

2018-10-10Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.17792 of 2011 dt.10-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17792 of 2011 =========================================================== Damodar Prasad S/O Late Ramswaroop Sao Resident Of Village-Sakarwa, P.S.- Ashthawan, District-Nalanda.

.... .... Petitioner/s

Versus

1. The State Of Bihar.

2. Dy. Development Commissioner-Cum-Chief Executive Officer, Nalanda.

3. The Block Development Officer, Viyno, Nalanda. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Sr. Adv Mr. Dhananjaya Nath Tiwari,Adv Ms. Preety Kumari, Adv For the Respondent/s : Mr. Binod Kumar Yadav, SC 18 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-10-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the order dated 03.08.2011 issued by the Block Executive Officer, Asthawan by which the petitioner has been directed to deposit rest amount of undistributed food grains lifted under the SGRY Scheme.

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

Patna High Court CWJC No.17792 of 2011 dt.10-10-2018 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) Chandran AFR/NAFR NAFR CAV DATE NA Uploading Date 25.10.2018 Transmission Date NA