Baidya Nath Yadav And ORS v. The State Of Bihar And ORS
Patna High Court CWJC No.12333 of 2011 dt.05-10-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12333 of 2011 ===========================================================
1. Baidya Nath Yadav S/O Late Bhagen Yadav R/O Village Kishanpur, P.S.-Sour Bazar, Distt.-Saharsa.
2. Manoj Ram S/O Sahdeo Ram, R/O Village Bhagwatpur, P.S. Sour Bazar, Distt.-Saharsa
3. Ravindra Singh S/O Bhola Prasad Singh R/O Village Bishanpur, P.S. Sour Bazar, Distt.-Saharasa
4. Jogendra Sah S/O Late Badri Sah R/O Village Tekanma, P.S. Sour Bazar, Distt. Saharasa
5. Ram Bilash Kumar S/O Late Narayan Yadav R/O Village Paharpur, P.S. Sour Bazar, Distt. Saharasa
6. Gajendra Kumar S/O Late Rajendra Mahto R/O Village Patarghat, P.S.-Sour Bazar, Distt. Saharasa .... .... Petitioners
Versus
1. The State of Bihar
2. Special Secretary, Department of Rural Development, Govt. of Bihar, Patna
3. District Rural Development Agency, Saharasa- through the Deputy Development Commissioner-Executive Office, Saharasa
4. Block Development Officer, Patarghat,Block, Saharasa
5. Block Supply Officer, Patarghat Block, Saharasa .... .... Respondents =========================================================== Appearance :
For the Petitioners : None For the Respondents : Mr. R.B.P. Yadav, AAG-11 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 05-10-2018 As none appeared on behalf of the petitioners, the matter was passed over for a few cases. However on repeat call, the petitioners were again not represented.
2. The present writ petition has been filed for the following reliefs - "(I) For quashing the letter bearing memo no. 1104 dated 23.06.2011 issued under the signature of the respondent no. 3 addressed to all the Block Supply
Patna High Court CWJC No.12333 of 2011 dt.05-10-2018 Officers of Saharsa District from PDS Dealers including the petitioners after adjusting the amount, if the same was deposited through the Bank Draft @ Rs. 652/- per quintal.
(ii) For direction upon the respondent authorities not to act upon further in pursuance of notices issued by them for recovery of the amount from the petitioners till disposal of the present writ application. (iii) The respondent authorities be commanded not to take any kind of coercive action against the petitioners including the initiation of an F.I.R. pursuant to the notices issued by them in the meantime.
(iv) For any other relief or reliefs to which the petitioners may be found entitled to."
3. Learned counsel for the respondents appears and states that 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. Having regard to the stand of the respondents, the writ petition stands disposed of.
(Vikash Jain, J) Md. Ibrarul/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date09.10.2018 Transmission Date N.A.