Patna High Court
Manju Devi vs The State Of Bihar And Ors on 26 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5282 of 2018
======================================================
Manju Devi W/o Lakshman Yadav, Resident of Village-Vijaipur, P.S.-
Vijaipur, District-Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Rural
Development, Government of Bihar, Patna
2. The Registrar, Hon'ble Mr. Justice Uday Sinha Judicial Inquiry Commission,
12-13 Back of Harding Road, Patna
3. The Deputy Development Commissioner, Gopalganj.
4. The District Magistrate, Gopalganj.
5. The Certificate Officer, Gopalganj.
6. The Block Development Officer, Vijaipur, Gopalganj.
7. The Programme Officer, Vijaipur, Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari
For the Respondent/s : Mr. Vikash Kumar, SC11
======================================================
CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 26-06-2025
1. Heard the Learned counsel for the
parties.
2. The petitioner has filed the instant
application for the following reliefs:
"To issue a writ/writs and
order/orders in the nature of certiorari for
setting aside the order 27.12.17 passed
in Case No. Gopalganj/93/03/CWJC/2017
passed by the Chairman the Hon'ble
Justice Uday Sinha Judicial Inquiry
Patna High Court CWJC No.5282 of 2018 dt.26-06-2025
2/5
Commission whereby and where under
the case of the petitioner has been
rejected even without making proper
inquiry and/or without taking evidence of
the petitioner and concerning respondent
authorities and also without following the
direction/guideline of the order dated
21.09.2015
passed in CWJC No. 5638 of
2011 passed by this Hon'ble Court in true
sense by which the Certificate Officer and
Programme Officer has directed to
recover the same in accordance with law.
(ii) That the petitioner further prays to
issue direction to the B.D.O. or
Programme Officer or Deputy
Development Commissioner, Gopalganj
or the concerned authority to refund the
amount to the tune of Rs.33,745/-+Rs.
14,860/- = Rs. 48,605/-/- to the petitioner
deposited on protest vide cheque dated
07.11.2017 in terms of the direction of
the Hon'ble Justice Uday Sinha Judicial
Inquiry Commission.
(iii) The petitioner further
prays to stay the further proceeding of
Certificate Case No. 37/2012-13 pending
before the learned Certificate Officer-
cum-District Panchayat Raj Officer,
Gopalganj.
(iv) To any other relief or
reliefs to which the petitioner is entitled
Patna High Court CWJC No.5282 of 2018 dt.26-06-2025
in the facts and circumstances of the
case."
3. At the very outset, Learned counsel
for the respondents contended that since this
matter is squarely covered under the order dated
08.03.2022 passed in CWJC No. 10446 of 2020
(Bhawesh Kumar Bhaskar Vs. The State of
Bihar & Ors.) by a Division Bench of this Court,
this writ petition may also be disposed of on the
same terms and conditions.
4. In the case of Bhawesh Kumar
Bhaskar (supra) their Lordships have held as
follows:-
"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 toleft 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
Patna High Court CWJC No.5282 of 2018 dt.26-06-2025
quantity of rice remained in
possession of the PDS dealer and
State Government directed to either
return the rice or refund the
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 wasdetermined as
Rs.19,85,332/- in 2018 itself by said
commission which is to be refunded
by the petitioner and due to non-
refund, certificate proceeding has
been initiated for realization of said
amount.
In such view of the matter,
this Court does not find any merit in
this case and is accordingly
dismissed."
5. The writ petition is, accordingly,
dismissed in light of the aforesaid judgment passed
in similar matter by the Hon'ble Division Bench of
this Court in Bhawesh Kumar Bhaskar (supra).
Patna High Court CWJC No.5282 of 2018 dt.26-06-2025
6. Interlocutory Application, if any, shall
stands disposed of.
(G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 27.06.2025
Transmission Date
