High Court Patna High Court - Orders

Vijay Kumar Pandey &Amp; Ors vs The State Of Bihar &Amp; Ors on 3 May, 2011

Patna High Court – Orders
Vijay Kumar Pandey &Amp; Ors vs The State Of Bihar &Amp; Ors on 3 May, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CWJC No.80 of 2008
             1.

VIJAY KUMAR PANDEY, SON OF LT. RAM NAGINA PANDEY,
RESIDENT OF MOHALLA- DAULATGANJ, P.S.- BHAGWAN
BAZAR, DISTRICT- CHAPRA,

2. RAJENDRA PRASAD GUPTA, SON OF LT. RAM CHANDRA
PRASAD, RESIDENT OF MOHALLA TAKKA MORE, GUDRI
BAZAR, CHAPRA,

3. SHANTI DEVI, WIFE OF BHARAT PRASAAD RESIDENT OF
MOHALLA- GUDRI BAZAR, CHAPRA,

4. MD. ASLAM, SON OF MD. RAMJAN ALI, RESIDENT OF NAI
BAZAR, CHAPRA,

5. RANJIT KUMAR, SON OF LATE BISHWNATH PRASAD,
BHAGWAN BAZAR, CHAPRA,
… PETITIONERS.

Versus

1. THE STATE OF BIHAR THROUGH SECRETARY-CUM-

COMMISSIONER, FOOD CIVIL SUPPLY & CONSUMER
PROTECTION, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA.

2. THE DISTRICT SUPPLY OFFICER, CHAPRA, (SARAN) AT
CHAPRA.

3. THE SUB-DIVISIONAL OFFICER, SADAR (S.D.O.) AT P.O. +
P.S.+ DISTRICT- CHAPRA,

4. THE DISTRICT SUPPLY OFFICER, SARAN AT CHAPRA.

5. THE DISTRICT MANAGER, STATE FOOD CORPORATION,
CHAPRA(SARAN) AT CHAPRA

6. THE MARKETING OFFICER, CHAPRA TOWN AT CHAPRA.

….. RESPONDENTS.

For the petitioner : Mr. Anshuman , Advocate.
For the State : M/s. Anjani Kumar, A.A.G.10 and Shailendra
Kumar Singh,AC to AAG 10.

3. 03.1.2011. Heard learned counsel for the

petitioners, State and the counsel for the Bihar

State Food and Civil Supplies Corporation

(hereinafter referred to as the Corporation).

2. Petitioners are the PDS dealer they

were asked to distribute food- grains meant for

Antyodaya Schemes, under order bearing memo

no.822 dated 2.7.2007, Annexure-1. In

compliance of the aforesaid Annexure-1 they
2

submitted bank draft for release of the food –

grains. Before the food-grains could be released

the instruction to distribute food-grains was

modified vide order bearing memo no. 1299

dated 25.9.2007, Annexure-6, meanwhile

petitioners deposited demand draft with the

authorities of the Corporation. No sooner the

modified order dated 25.9.2007, Annexure-6 was

issued the District Manager under letter no. 1558

dated 9.10.2007 returned the demand draft to

the Sub-divisional Officer, Sadar, Chapra for

being given back to the petitioners. The name of

the five petitioners is found mentioned in letter

no. 1558 dated 9.10.2007, Annexure-B to the

counter affidavit filed by the District Manager.

Counsel for the petitioners in rejoinder submitted

that the demand draft referred to in the letter

dated 9.10.2007 is only for the month of

September, 2007 and not for July and August,

2007.

3. Having heard counsel for the

parties, I direct the District Manager, Corporation

as also the Sub-divisional Magistrate, Sadar,

Chapra to insure that the demand draft submitted

by the five petitioners is returned to them, as
3

early as possible, in any case within one month

from the date of receipt/production of a copy of

this order before the Sub-divisional Magistrate,

Sadar, Chapra. It is submitted on behalf of

petitioner No.1 that during the pendency of this

writ petition he left for heavenly abode, the

demand draft furnished by petitioner No.1 for the

three months be also returned to his heirs and

legal representatives within the same time.

( V.N. Sinha, J.)
Ibrar/-