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
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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
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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/-