AMARNATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 1.8.2017 passed by the Sub-Divisional Officer, Hilsa (Nalanda) whereby and whereunder the petitioner has been directed to submit a show cause reply as to why appropriate action be not taken under the provisions of the Bihar Targeted PDS (Control) Order, 2016 and as to why money be not recovered from him pertaining to the food-grains lying with him, which were entrusted to him by the Block Supply Officer, Ekangarsarai.

(2.) The short facts of the case are that an FIR bearing Aungari PS Case No. 37 of 2016 dated 11.6.2016 was lodged against one PDS dealer, namely, Nagmani Kumar under Section 7 of the E.C. Act, 1955 and certain quantities of food-grains were seized by the Block Supply Officer, Ekangarsarai. Thereafter, it appears that 24 quintals of wheat and 48 quintals of rice were entrusted to the petitioner herein on jimmenama on 11.6.2016 itself since the petitioner happens to be Manager of the PACS, Ekangarsarai. It is the case of the petitioner that thereafter, he had written several letters to the Block Supply Officer, Ekangarsarai dated 3.3.2017 and 20.4.2017, however, the food-grains were not lifted by the Respondents-State. In fact, thereafter, the Block Supply Officer, Ekangarsarai by an order dated 6.6.2017 had directed the petitioner to make available the aforesaid food-grains in good condition. However, it is the case of the petitioner that thereafter, the Block Supply Officer had failed to take possession of the aforesaid food-grains from the petitioner. The petitioner is again stated to have written a letter dated 28.6.2017 to the Block Supply Officer, Ekangarsarai stating therein that the aforesaid quantities of wheat and rice were rotting and had been infested with worms, hence, immediate action be taken. Whereafter, it appears that in order to save his skin, the Block Supply Officer, Hilsa (Nalanda) has issued the impugned order dated 1.8.2017, as aforesaid.

(3.) The learned counsel for the petitioner has referred to Rule 30 of the Bihar Targeted PDS (Control) Order, 2016, which is reproduced hereinbelow:-