Citation : 2025 Latest Caselaw 880 Patna
Judgement Date : 29 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10018 of 2018
======================================================
Subhash Ram son of Sri Sakaldeo Ram resident of village - Sishwa,
Bhumihar, Post - Shivrajpur, Prakhand - Yogapatti, District - West
Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Animal & Fisheries
Resources Department (Directorate of Cow Development), Government of
Bihar, Patna
2. The Director, Animal and Fisheries Resources Department (Directorate of
Cow Development), Government of Bihar, Patna
3. The District Magistrate, West Champaran, Bettiah.
4. Deputy Development Commissioner, West Champaran, Bettiah.
5. The District Animal Husbandary Officer, West Champaran, Bettiah.
6. The District Veterinary Officer, West Champaran, Bettiah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Gupta
For the Respondent/s : Mr.Sajid Salim Khan (SC- 25)
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 29-07-2025
1. The writ petition is filed for the following
reliefs:-
"(i) To direct the respondents to
pay grant in-aid on purchase of twenty
cows and thereby cost occurred in
construction of cattle-shed amounting
Rs.7,85,320/- along with interest as per
allotment by respondents for the year
Patna High Court CWJC No.10018 of 2018 dt.29-07-2025
2/6
2014-15 for which duly represented by
the petitioner.
(ii) To grant any other relief/s for
which the petitioner be found entitled in
the eye of law."
2. The brief facts culled out of the writ
petition are that the 2 nd respondent/Director, Animal
and Fisheries Resources Department (Directorate of
Cow Development), vide Memo No. 212 dated
29.01.2015
, addressed a letter to all the District
Magistrates of various districts in the State of Bihar.
Through the said communication, the balance
amount of sanctioned funds for the Financial Year
2012-2013, as grant-in-aid, was made available for
disbursement to beneficiaries who had purchased
cows and constructed cattle sheds at their own cost
in terms of the scheme framed by the Government.
Similarly, for the Financial Year 2014-2015, funds
were also made available for the same purpose. It is
further stated that the petitioner was permitted to
purchase 20 cows at his own cost under the Scheme
vide Letter No. DD/66 dated 18.02.2015 issued by
the 5th respondent/District Animal Husbandry Patna High Court CWJC No.10018 of 2018 dt.29-07-2025
Officer, West Champaran, Bettiah. Thereafter, the
2nd respondent, vide Letter No. 87 dated
20.01.2016, addressed to the District Animal
Husbandry Officer, West Champaran, Bettiah/5th
respondent, asking to establish dairy units,
comprising 20 cows under the Integrated Cow
Development Scheme, in accordance with the
decision taken by the Government. In compliance to
it, the 5th respondent addressed a letter to the 3rd
respondent, requesting for release of the grant-in-aid
to the petitioner and other similarly situated persons,
specifying the admissible amounts along with
relevant claim documents.
3. It is the specific contention of the Learned
counsel for the petitioner that the respondents have
failed to pay the admissible amount to the petitioner.
Being aggrieved, the petitioner preferred a
complaint, before the District Public Grievance
Redressal Officer, along with details of the
expenditure incurred by him for purchase of cows
and cost of construction, amounting to Rs.
87,16,500/-. However, the Public Grievance Patna High Court CWJC No.10018 of 2018 dt.29-07-2025
Redressal Officer, vide order dated 30.03.2017,
directed the petitioner to make a representation
before the 3rd and 1st respondents. Being aggrieved
by the said order, the petitioner preferred a 1 st
appeal before the Divisional Commissioner, Tirhut
Pramandal-cum-Appellate Authority. The said appeal
was rejected, affirming the decision of the District
Public Grievance Redressal Officer, West Champaran,
and further the petitioner was directed to ventilate
his grievance before the 2nd respondent. Thereafter,
the petitioner filed a 2nd appeal before the 1st
respondent, enclosing all relevant claim documents.
However, the said authority also affirmed the order
of the first appellate authority and similarly directed
the petitioner to approach the 2 nd respondent for
redressal of his grievance.
4. It is the specific contention of the
petitioner that he submitted a representation before
the 2nd respondent on 30.08.2017, enclosing all
necessary documents seeking for payment of the
grant-in-aid. However, the respondents have failed to Patna High Court CWJC No.10018 of 2018 dt.29-07-2025
release the payment for which he was constrained to
file the present writ petition.
5. Heard the Learned counsel for the
petitioner as well as the Learned counsel for the
respondents. Perused the record.
6. The Learned counsel for the respondents
contended that the petitioner never made any
representation to the 2nd respondent to consider his
grievances.
7. On perusal of the record, it is evident that
the representation dated 30.08.2017 was addressed
to the Minister, Animal and Fisheries Resources
Department, Government of Bihar, Patna, but not to
the 2nd respondent. Therefore, the 2nd respondent
had no opportunity to consider or decide the
petitioner's claim.
8. At this juncture, the Learned counsel for
the petitioner seeks permission to submit an
appropriate representation before the 2 nd
respondent for redressal of his grievance.
Patna High Court CWJC No.10018 of 2018 dt.29-07-2025
9. Permission is granted accordingly to the
petitioner to file a detailed representation before the
2nd respondent within one month from the date of
receipt of a copy of this order, along with all relevant
documents. In turn, the 2nd respondent shall
consider the representation and after giving an
opportunity of hearing, shall decide the matter on
merits within three months from the date of receipt
of such representation, in accordance with law.
10. With the above observations, the writ
petition stands disposed of.
(G. Anupama Chakravarthy, J)
vinita/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2025 Transmission Date
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