Partly allowed

Vinay Kumar Rai v. the State of Bihar and Ors.

Patna HC20 Jun 2013CWJC/21533/2011

Case brief

AI extract

What is this about?

The Patna High Court quashed an order passed by the former Sub Divisional Magistrate for attempting to create a false impression about its existence. The court dismissed the petitioner's writ application but directed the Selection Committee to reconsider the allotment of a Fair Price Shop using 2009 provisions within three months.

What did the court decide?

Quashing of the impugned order of 14.3.2013; Direction to Selection Committee to decide on allotment afresh within three months based on 2009 provisions.

Vinay Kumar Rai Vs the State of Bihar and Ors. — Writ and Judicial Review | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21533 of 2011

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====================================================== Vinay Kumar Rai S/O Jai Mangal Rai R/O Village- Azampur, Police Station- Desri, District- Vaishali .... .... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary Food, Supply & Commercial Department, Government of Bihar, Patna. 2. The Principal Secretary, Food, Supply & Commercial Department, Government of Bihar, Patna. 3. District Selection Committee of Allotment of Fair Price Shop under Public Distribution System, Vaishali. 4. The District Magistrate, Vaishali. 5. The District Supply Officer, Vaishali. 6. The Sub-Divisional Magistrate, Mahnar, District- Vaishali. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Ranjan For the Respondent/s : Mr. M. D. Dwivedi SC23 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 9 20-06-2013 Mr. Chitragupta Kumar, the erstwhile Sub Divisional Magistrate, Mahnar, now posted as Senior Deputy Collector, Arwal, is present in person. All the realization and folly with regard to his earlier indiscretion in passing of an order dated 14.3.2013 has suddenly dawned upon him, when he is confronted as to under what circumstances a wrong kind of impression was sought to be given to the Court about the existence of an order at least on 28.2.2013, which never existed. The Court has no hesitation in recording that the Officer is either incompetent or has a dare-devil approach to judicial matters

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Patna High Court CWJC No.21533 of 2011 (9) dt.20-06-2013

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especially subjudice matters before this Court. No man in his senses, especially in his position, could be so indiscreet in his conduct.

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As usual a very detailed affidavit with repeated apologies have been tendered before this Court with a solemn assurance being given before the Bench that he will not commit any folly of the kind in future. The Court therefore takes a magnanimous view and does not order serious action, which the Court had in mind, which was required to be taken in the given circumstances.

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Since he is no more the Sub Divisional Officer concerned, the order passed by him on 14.3.2013 has to go and is quashed, which is appended as Annexure-5 to I.A. No.3241 of 2013.

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Writ application is disposed of with a direction to consider the matter afresh in terms of the provision which existed in the year 2009. The competent authority i.e. the Selection Committee relating to Azampur under Mahnar Sub Division, in the district of Vaishali, will take a decision. They will take a decision within a period of three months from the date of receipt / production of a copy of this order.

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The personal appearance of Mr. Chitragupta Kumar is hereby dispensed with but is cautioned to be very-very careful in future while dealing with the court matters because the Court may

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Patna High Court CWJC No.21533 of 2011 (9) dt.20-06-2013

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not be as indulgent next time over, in this regard.

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(Ajay Kumar Tripathi, J)

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R.K.Pathak/-

Vinay Kumar Rai v. the State of Bihar and Ors.

Case brief

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Vinay Kumar Rai v. the State of Bihar and Ors.

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