Disposed

Syed Aman Ajmeri v. the State of Bihar and Ors.

Patna HC6 Sept 2012CWJC/4081/2012

Case brief

AI extract

What is this about?

The Single Judge disposed of this writ petition challenging recovery proceedings against the petitioner for undistributed food grains under the Food for Work scheme. The court ordered the petitioner to reply to the show-cause notice, incorporating the counter affidavit which clarified that non-distribution was due to permit unavailability, not corruption or rottenness.Certificate Officer shall pas

What did the court decide?

Directed Petitioner to furnish reply to Certificate Notice based on Counter Affidavit; Certificate Officer to pass appropriate order thereafter.

Syed Aman Ajmeri Vs the State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4081 of 2012

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====================================================== Syed Aman Ajmeri Son Of Late Syed Murshid Ali Resident Of VillageKhushalpur, P.S.- Pranpur, Distt.- Katihar

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.... .... Petitioner Versus 1. The State Of Bihar 2. The Deputy Development Commissioner-Cum-Chief Executive Officer, Katihar

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Programme Officer, Pranpur, Katihar 4. Certificate Officer, Katihar .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Dhananjaya Nath Tiwari For the Respondents : Mr. D. Chowdhary, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER

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.... .... Respondents

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2 06-09-2012 Heard learned counsel for the petitioner and the

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State.

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Petitioner is aggrieved by Memo No. 238 dated 2.7.2011, Annexure-1 whereunder Programme Officer, Pranpur in the district of Katihar called upon the petitioner to deposit the price of 668.4 quintals of food grain entrusted to the petitioner for distribution under Food for Work/ SGRY Scheme, which could not be distributed, failing which steps for recovery of the amount was directed to be taken. Petitioner deposited part amount amounting to Rs. 4,75,000/-, as according to the petitioner, the remaining food grain could not be distributed for failure of the authorities to

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Patna High Court CWJC No.4081 of 2012 (3) dt.06-09-2012

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issue coupons. Later, Certificate Proceeding No. 03/11-12 was also initiated against the petitioner for recovery of Rs. 7,81,676/-, which is contained in Annexure-3 to the writ petition. Assailing Annexures-1 and 3, petitioner filed the present writ petition that he is not responsible for deposit of the price of the remaining food grain, as the food grain could not be distributed under the Government scheme for failure of the authorities to issue coupons. During the pendency of the writ petition, a counter affidavit has been filed by Sri Dheeraj Kumar, Respondent no.3 in which statement has been made in paragraph 7 that some rice could not be distributed due to non-availability of permit. In the same paragraph, Sri Kumar has further stated that it is not true that the remaining rice was rotten.

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Without going into the correctness or otherwise of the submissions made in the writ petition and the counter affidavit, this writ petition is disposed of directing the petitioner to furnish his reply to the certificate notice on the basis of the averments made in the counter affidavit as also by annexing a copy of the counter affidavit for the benefit of perusal by the Certificate Officer, Katihar. Once the cause is shown by the petitioner in response to the

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Patna High Court CWJC No.4081 of 2012 (3) dt.06-09-2012

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certificate notice, the Certificate Officer, Katihar shall pass appropriate order in the matter considering the contents of the show cause reply including its annexures in accordance with law.

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(V.N. Sinha, J)

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Arjun/-

Syed Aman Ajmeri v. the State of Bihar and Ors.

Case brief

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Syed Aman Ajmeri v. the State of Bihar and Ors.

Case brief

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