IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10446 of 2020

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Bhawesh Kumar Bhaskar S/o Sri Satya Deo Yadav Resident of Village-

Kaithwar, Tole-Tardih, Police Station - Sakatpur, District-Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Food and Supplies

Department, Government of Bihar, Patna.

2.

The District Magistrate, Darbhagna.

3.

The In-charge Deputy Collector, District Public Grievance Cell, Darbhanga.

4.

The Deputy Development Commissioner, Darbhanga.

5.

The Sub-Divisional Officer Darbhanga (Sadar)

6.

The Block Development Officer, Tardih, Police, Station - Sakatpur, District-

Darbhanga

7.

The Marketing/Supply Officer, Tardih, Police Station - Sakatpur, District-

Darbhanga.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Ashok Kumar Prasad, Advocate

For the Respondent/s

:

Mr. Arvind Ujjawal, SC 4

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 08-03-2022

Heard learned counsel for the parties.

Petitioner has prayed for following relief:-

(A) A Certiorary for setting-aside the order dated

23.01.2018 (Annexure-18) passed in Case No. Darbhanga |

101|CWJC|17 by the Hon’ble Justice Uday Sinha Judicial

Enquiry Commission whereby and whereunder the prayer of

the petitioner is rejected and directed to deposit further sum of

Rs.19,85,332/- as price of 1936.36 Quintals of rice and

ordered that the Certificate Officer will now proceed to take

action against the petitioner(Dealer) in accordance with law.

(B)A Certiorary for setting – aside the order

dated 13.08.2012 (Annexure-13 ) contained in Memo

No.3967 passed by the Deputy Development

Commissioner , Darbhanga (Respondent No.4) whereby

and whereunder petitioner has been directed to deposit a

sum of Rs.19,85,332/- within one month for the price of

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the rice of 1936.37 Quintals at the rate of Rs.1370/= per

quintal after adjusting a sum of Rs.6,67,495/= out of the

total amount of Rs.26,52,827/=.

(C)Any other relief or reliefs for which petitioner

may be found entitled to in the fact and circumstances of

the present case may be granted to him.”

A counter affidavit has been filed on behalf of the

State of Bihar in which, it has been stated that Hon’ble Justice

Uday Sinha Judicial Inquiry Commission decided liability of

petitioner in Case No. Darbhanga/101/CWJC/17 (Bbawesh

Kumar Bhaskar Vs. State of Bihar) by order dated 23.01.2018

and he was directed to deposit Rs.19,85,332/- as per the price

of 1936.36 quintals of rice. The finding of the inquiry

commission is being challenged by the petitioner by filing this

petition on the ground that petitioner is liable to pay the price

of 909 quintals of rice.

This Hon’ble Court had constituted the Hon’ble

Justice Uday Sinha inquiry commission to adjudicate dispute

between the PDS dealer and State authorities with respect to

left over quantity of rice under Sampurna Gramin Rojgar

Yojna (SGRY) scheme with PDS dealer.

It is contended that rice was given to PDS dealer but

the scheme was discontinued and huge quantity of rice

remained in possession of the PDS dealer and State

Government directed to either return the rice or refund the

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amount.

As there was dispute between the parties, this Court

constituted an inquiry commission headed by retired Judge

(Mr. Justice Uday Sinha) where both the parties including the

petitioner appeared and the liability of the petitioner was

determined as Rs.19,85,332/- in 2018 itself by said

commission which is