Dhaneshwar Mishra And ANR v. District Magistrate, Gopalganj

Patna High Court CWJC No.16462 of 2011 dt.10-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16462 of 2011 ===========================================================

1. Dhaneshwar Mishra S/O Ram Dhyan Mishra Resident of Village - Dharahar Mela, P.S. Kateya, District - Gopalganj

2. Shurya Kant Singh (Presently Working as Panchayat Teacher in Govt. Primary School, Ghortha, Block - Bhore, District Gopalganj) Son of Late Vishwanath Singh R/O Village - Bairagi Tola, P.S. Phulwaria, District Gopalganj. .... .... Petitioner/s

Versus

1. District Magistrate, Gopalganj District - Goplaganj

2. Deputy Development Commissioner Gopalganj District - Goplaganj

3. Superintendent of Police, Gopalganj District - Goplaganj

4. The Sub Divisional Officer, Hathua District - Goplaganj

5. Programme Officer,Kateya , District - Goplaganj

6. Programme Officer, Phulwaria, District - Goplaganj

7. The Block Development Officers, Kateya Block, District - Goplaganj

8. The Block Development Officer Phulwaria Block, District - Goplaganj

9. The Officer-In-Charge, Police Station, Kateya, District - Goplaganj

10. The Officer-In-Charge, Police Station, Phulwaria, District - Goplaganj .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. AWANISH KUMAR PANDEY, ADV For the Respondent/s : Mr. MANOJ KUMAR, AC TO GP 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 10-10-2018 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The present writ petition has been filed for quashing the audit reports dated 14.04.2007 and 21.04.2008 (Annexure-5 series) by which the petitioners have been directed to deposit rest amount of undistributed food grains lifted under the SGRY Scheme.

3. Learned counsel for the petitioners 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

Patna High Court CWJC No.16462 of 2011 dt.10-10-2018 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 petitioners 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 petitioners, the writ petition stands disposed of with the aforesaid liberty.

6. Let the authorities refrain from taking coercive measures against the petitioners 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