Most.Adaya Devi v. The State Of Bihar And ORS

Patna High Court CWJC No.11249 of 2011 dt.05-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11249 of 2011 =========================================================== Most.Adaya Devi W/O Late Surendra Prasad Kushwaha R/O Vill.- Pipra Santpur, P.S.- Mainatand, Distt.- West Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Bettiah, West Champaran

3. The Sub-Divisional Officer, Narkatiaganj, West Champaran

4. The Block Development Officer, Mainatand Distt.- West Champaran .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Satyavrat Verma, Advocate. For the Respondents : Mr. Anirudh Kumar Singh, AC to GP-25 =========================================================== 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 the following reliefs - "(i) For issuance of a writ in the nature of a writ of certiorari or any other appropriate writ order, direction quashing the memo no. 337 dated 29.03.2011 (Annexure-3) issued under the signature of respondent no. 4 by which the respondent no. 4 has directed the petitioner to pay the amount due with respect to the left over food grains which was allotted to him in between 2001 to 2006-2007, for distribution under the Govt. Scheme namely Samakit Gramin Rojgar Yojana at the APL rate, failing which an FIR against the petitioner would be instituted and steps would be

Patna High Court CWJC No.11249 of 2011 dt.05-10-2018 taken for cancelling the PDS license.

(ii) For a consequential writ of mandamus commanding the respondents not to take any coercive action against the petitioner as she has not lifted any grain under any Govt. 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 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.