IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5302 of 2018

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Yogendra Kumar Singh son of Late Subh Dayal Singh Resident of Mohalla -

Maranpur Devi Asthan, P.O. - Chand Chaura, P.S. - Vishnupad, District -

Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Govt of Bihar, Patna

2.

The Principal Secretary, Animal Husbandary and Fisheries Deptt.,Govt. of

Bihar, Patna.

3.

The District Magistrate, Gaya.

4.

The District Animal Husbandary Officer, Gaya.

5.

The District Deputy Development Commissioner, Gaya.

6.

The Block Development Officer, Gaya.

7.

The Circle Officer, Gaya.

8.

The Corporation Bank through its Branch Manager, IGB Road Branch,

Gaya.

9.

The Branch Manager, Corporation Bank, IGB Road Branch, Gaya.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Kumar Praveen, Advocate

For the Respondent/s

:

Mr. Md. Khurshid Alam- AAG 12

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-01-2023

Petitioner has prayed for the following relief(s) :-

“A) For the issuance of appropriate writ/writs,

order/orders, direction/directions to quash/set aside the

memo no.11/Gaya, dated 24.01.2018 (Annexure)

issued by the District Animal Husbandary Officer Gaya

(Respondent no.4) by which he has rejected the

petitioner's application dated 24.05.2018(Annexure-)

for release of subsidy.

B) For direction to the Respondent authorities to

immediately release the subsidy amount in the loan

account of petitioner (AGTL-150004) the said loan

Patna High Court CWJC No.5302 of 2018 dt.23-01-2023

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account has been opened on the recommendation and

approval of the respondent no.4 under integrated

animal development project in the year 2014-15.

C) For direction to the respondent no.4 to produce the

entire records related with the subsidy under "Samagra

Gavya Vikas Yojana" for the financial year 2014-15.

D) For issuance of appropriate writ/writs, order/orders,

direction/directions to fix the responsibility and

accountability of the person concern who is responsible

for not releasing the subsidy amount within time and

for direction to make payment of compensation and

cost to the petitioner by the person concern, for his

ignorance and laches resulting tremendous financial

burden on the petitioner.

E) For any other relief/reliefs to which the petitioner is

found entitled under the facts and circumstances of the

present case.”

After the matter was heard for some time, finding the

Bench not to be agreeable with the submissions made by learned

counsel for the petitioner, learned counsel for the petitioner,

under instructions, states that petitioner shall be content if a

direction is issued to the authority concerned to consider and

decide the representation which the petitioner shall be filing

within a period of four weeks from today for redressal of the

grievance(s).

Learned counsel for the respondents states that if

such a representation is filed by the petitioner, the authority

concerned shall consider and dispose it of expeditiously and

preferably within a period of four months from the date of its

filing along with a copy of this order.

Statement accepted and taken on record.

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The Hon’ble Supreme Court in D. N. Jeevaraj Vs.

Chief Secretary, Government of Karnataka & Ors, (2016) 2

SCC 653, paragraphs 34 to 38 observed as under:-

“34. The learned counsel for the parties

addressed us on the question of the bona fides of

Nagalaxmi Bai in filing a public interest litigation.

We leave this question open and do not express any

opinion on the correctness or otherwise of the

decision of t