Parmanand Prasad Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4886 of 2018 ====================================================== Parmanand Prasad Sah, Son of Sri Sukdeo Sah, R/o Village Pachout, P.S. Beldor, District-Khagaria.

... ... Petitioner

Versus

1. The State of Bihar, through Secretary, Food and Civil Supplies, Department, Government of Bihar, Patna.

2. The Secretary, Food and Civil Supplies, Department, Government of Bihar, Patna.

3. The District Magistrate, Khagaria.

4. The District Supply Officer, Khagaria.

5. The Manager, District Food and Civil Supplies, Khagaria.

6. The Sub Divisional Officer, Gogri, Distt. Khagaria.

7. The Block Supply Officer Cum Marketing Officer of Beldor Block Dist. Khagaria.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Respondent/s :

Mr. S. Raza Ahmad, AAG-5 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 02-08-2018 Heard learned counsel for the petitioner and learned counsel appearing for the State.

2. Petitioner in the present writ application seeks release of Rs. 3,42,756/-, which as a PDS dealer he had deposited for withdrawal of goods and community for the month of May and June, 2013.

3. The PDS licence of the petitioner being Licence No. 11B/07 for Pachout Panchayat, Block Beldor, District Khagaria was cancelled on account of certain irregularities found and an F.I.R. being Beldor P.S. Case No. 49/2013 under Section 7 of the E.C. Act had been lodged. The petitioner was acquitted in the said

Patna High Court CWJC No.4886 of 2018 dt.02-08-2018 2/2 case. Thereafter on an application his licence was restored but the amount of Rs. 3,42,756/- paid for lifting food-grains and commodities for the month of May and June has not been released in his favour nor the said amount has been adjusted in the future release of the said food-grains and commodities.

4. Learned counsel for the State, however, submits that the Respondent No. 6, the Sub-Divisional Officer, Gogri, District Khagaria has already issued letter No. 2245 dated 25.04.2014 (Annexure-3) to Respondent No. 5, the District Manager, Food and Civil Supplies Corporation, Khagaria for release of the said amount of Rs. 3,42,756/-.

5. This application is disposed off with a direction to the Respondent No. 5, the District Manager, Food and Civil Supplies Corporation, Khagaria to release the said amount in favour of the petitioner within a period of one month from the date of receipt/ production of a copy of this order after production of all the receipts lying with the petitioner.

(Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.08.2018 Transmission Date NA