Patna High CourtCWJC/16053/2011disposed

Mahabir Mandal v. The State Of Bihar And ORS

2018-10-04Mr. Justice Vikash Jain2 pages

Patna High Court CWJC No.16053 of 2011 dt.04-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16053 of 2011 =========================================================== Mahabir Mandal S/O Late Bhiku Mandal R/O Gaura, Panchayat - Rajour Rambhadrapur, P.S.- Hathauri, Distt.- Samastipur .... .... Petitioner

Versus

1. The State of Bihar

2. Dy. Development Commissioner, Samastipur

3. The Block Development Officer, Distt.- Samastipur .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate. Mr. Dhananjaya Nath Tiwari Miss. Preety Kunwar, Advocates.

For the Respondents : Mr. P.K. Verma, AAG-5 =========================================================== 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 quashing the order dated 31.05.2011 vide memo no. 11 issued by the Block Development Officer, Bibhutipur directing for realization of price at APL rate of the rice remained with the petitioner supplied in the year 2004-06 under SGRY and Food for Work 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

Patna High Court CWJC No.16053 of 2011 dt.04-10-2018 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.