Rama Kant Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.21918 of 2011 dt.04-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21918 of 2011 =========================================================== Rama Kant Singh S/O Late Gaya Singh Resident of Village-Kashichak, P.S.- Kanshichak, District-Nawada.

.... .... Petitioner

Versus

1. The State Of Bihar.

2. The Deputy Development Cmmissioner Cum Chief Executive Officer, District Board, Nawada.

3. The Sub-Divisional Officer, Nawada Sadar, District-Nawada.

4. The Block Development Officer, Kashichak, District-Nawada.

5. The Block Supply Officer, Kashichak, District-Nawada.

6. The District Engineer Zila Parishad, Nawada. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Raj Kumar, Advocte. For the Respondents : Mr. Jitendra Kumar, AC to AAG-14 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 04-10-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs - "(i) For quashing the order issued by respondent no. 2 contained in Memo no. 453 dated 31.10.2011 whereby petitioner has been directed to deposit the amount within 15 days @ Rs. 13.70 per Kg. for the remaining stock of rice as shown by the Accountant General in its audit for the financial year 2005-06 amounting to Rs. 6,21,980/- under 20% Scheme executed through Zila Parishad and for financial year 2002-03 to 2005-06 under 30% scheme executed through Panchayat Samiti failing which legal action will be taken by the concerned agency.

(ii) For further direction upon the respondent

Patna High Court CWJC No.21918 of 2011 dt.04-10-2018 authorities not to act upon and take any coercive action against the petitioner till disposal of the writ application..

(iii)For any other relief or reliefs for which the petitioner is found entitled in the facts and circumstances of the case."

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 05.10.2018 Transmission Date N.A.