Patna High Court
Shivpujan Prasad Kashyap @ Shiv Pujan ... vs The State Of Bihar And Ors on 25 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11581 of 2018
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Shivpujan Prasad Kashyap @ Shiv Pujan Kashyap S/o Late Thakur Sah R/o
Village, Hata, Block P.S.- Chainpur, District- Kaimur Bhabhua
... ... Petitioner/s
Versus
1. The State Of Bihar through Chief Secretary, Government of Bihar, Patna
2. The Principal Secretary, Department of Gramin Vikash of Bihar Sarkar,
Patna
3. The Secretary Bihar Food and Civil Supplies Department, Bihar, Patna
4. The Collector, District- Kaimur at Bhabhua
5. The Sub-Divisional Officer, Bhabhua, Kaimur
6. The District Manger, Bihar State Food and Civil Suppplies Corporation
Limited, Kaimur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate
For the State : M/s S. Raza Ahmad-AAG 5
Bijoy Kumar Sinha, Advocate
For the BSFC : Dr. Kislay, Advocate
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 25-07-2025
1. The petitioner has filed the instant
application for the following relief:
"For issuance of appropriate writ/
writs direction/ directions directing the
authorities concern to refund the
amount of Rs. 1,37,000/- (One Lac
Thirty Seven Thousand) to the petitioner
to which he paid in compliance of the
notice contained in annexure-3 though
Patna High Court CWJC No.11581 of 2018 dt.25-07-2025
2/8
there was no due at all with him, just to
avoid the cancellation of his Dealership
and further for a relief as it deemed fit
and proper under the circumstances of
the case."
2. The brief facts culled out of the
present case is that the the petitioner has been a
licensed Public Distribution System (PDS) dealer
since 1986, under Licence No. 1/1986, Registration
No. 61/07. It is submitted that in the financial year
2003-04, the petitioner received 100 quintals of
rice, under the Sampoorna Gramin Rojgar Yojna
(SGRY) through Stock Issue Order dated
05.11.2003
, issued by the District Manager, Bihar
State Food and Civil Supplies Corporation Ltd., and
the said rice was lifted by the petitioner on
20.01.2004. It is further submitted that under the
Sunischit Rojgar Guarantee Yojna (SRGY), the
petitioner maintained a stock balance of 1.46
quintals, which was duly recorded and
acknowledged by the authorities.
Patna High Court CWJC No.11581 of 2018 dt.25-07-2025
3. The Learned counsel for the
petitioner submitted that on 10.06.2004, one Junior
Engineer, Shri Lalan Prasad, received 100 quintals
of rice from the petitioner, for the renovation work
of a pond (Khaira Dih) and for the creation of a
canal under the said scheme in Block Chainpur.
This transaction was duly documented and verified
in the audit/stock register dated 10.07.2011. The
petitioner had effectively accounted for a total of
101.46 quintals of rice for the year 2003-04.
4. It is further submitted by the
Learned counsel for the petitioner that on
06.04.2015, the petitioner received a notice vide
Memo No. 41, Supply dated 06.04.20104 from the
Block Supply Office, Chainpur, directing him to
deposit Rs.1,37,000/ for the alleged value of
101.46 quintals of rice--within three days, failing
which his dealership would be cancelled. In
response to it, the petitioner submitted a detailed
representation on 10.04.2015, clarifying that no
quantity of rice was pending with him. Upon
receiving the representation, the Block Supply
Patna High Court CWJC No.11581 of 2018 dt.25-07-2025
Officer verified the matter and confirmed in writing
to the Sub-Divisional Officer (SDO), Bhabua vide
Letter No. 49 dated 13.04.2015 was no rice was
pending with the petitioner.
5. The Learned counsel for the
petitioner further submitted that despite of no
fault of the petitioner deposited Rs.1,37,000/- in
the treasury on 16.04.2015 as the cost of 101.46
quintals of rice under threat of cancellation of his
dealership. It is further submitted that the said
deposit was made under duress and without any
legal liability, since the rice in question had already
been delivered/utilized under government schemes
and the utilization had been properly verified by
the competent authorities.
6. The Learned counsel for the
petitioner further submitted that the petitioner has
been pursuing for the refund of the said amount for
over three years. However, no action has been
taken by the concerned authorities till date. Hence
this Writ petition.
7. The respondents have filed a
Patna High Court CWJC No.11581 of 2018 dt.25-07-2025
detailed counter affidavit denying the petitioner's
claim for refund of Rs.1,37,000/-, which the
petitioner alleges to have deposited under threat
and compulsion pursuant to the notice (Annexure-
3). The respondents submit that the petition is
not maintainable in law and is liable to be
dismissed outright, as the amount cannot be
refundable to the petitioner under any
circumstances.
8. The Learned counsel for the
respondents submitted that it is an admitted fact
that the petitioner received 100 quintals of rice on
20.01.2004 under the first scheme along with
additional rice under the second scheme. The
amount of Rs.1,37,000/- was deposited by the
petitioner after issuance of Notice vide Memo No.
41/Supply dated 06.04.2015, that too after an
inordinate delay.
9. It is further submitted that the
petitioner's claim that stock of 101.46 quintals of
rice was maintained with the knowledge and
approval of the authorities is false and concocted.
Patna High Court CWJC No.11581 of 2018 dt.25-07-2025
No official order or document is annexed by the
petitioner to substantiate such claim. There is no
proof regarding the supply or receipt of the rice in
question. It is further submitted that the claim that
Junior Engineer Sri Lalan Prasad verified the stock
and signed distribution registers is factually
incorrect. The respondents assert that the said
Junior Engineer did not verify any stock registers or
distribution documents related to the rice. Contrary
to it, it was alleged that the petitioner never
distributed the rice under the scheme to intended
beneficiaries and has allegedly misappropriated
the stock, for which notice was issued demanding
to deposit to Rs.1,37,000/- by the Block Supply
Officer, Chainpur, which was justified and lawful.
10. It is further submitted by the
Learned counsel for the petitioner that the
petitioner has failed to place on record any reply or
representation purportedly submitted in response
to the notice, and that no such document is
available on record. There is also no verification
report or any written communication from the
Patna High Court CWJC No.11581 of 2018 dt.25-07-2025
Block Supply Officer stating that no rice was due
from the petitioner. The petitioner's assertions to
the contrary are baseless and unsubstantiated. In
view of the above, the Learned counsel for the
respondents contended that the writ petition lacks
merit and deserves to be dismissed.
11. A rejoinder to the counter affidavit
was filed by the petitioner, wherein the petitioner
has reiterated the averments and contentions
made in the writ petition.
12. Heard learned counsel for the
petitioner as well as learned counsel for the
respondents.
13. It is an admitted fact that the
petitioner deposited the amount of Rs. 1,37,000/-
after receiving the demand notice. There is no
proof of evidence placed by the petitioner that the
petitioner deposited the amount due to threat or
compulsion. Furthermore, the report of the Junior
Engineer was not the part of the record to
substantiate the contention of the petitioner.
14. In view of the above discussion,
Patna High Court CWJC No.11581 of 2018 dt.25-07-2025
and upon perusal of the pleadings and the reliefs
sought in the Writ petition, this Court is of the
considered opinion that the writ petition is devoid
of merits and does not warrant any interference.
15. Accordingly, the writ petition is
dismissed as devoid of merits.
16. Interlocutory Application, if any,
shall stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29.07.2025
Transmission Date
