High Court Patna High Court - Orders

Md.Abul &Amp; Ors vs The State Of Bihar &Amp; Ors on 4 March, 2011

Patna High Court – Orders
Md.Abul &Amp; Ors vs The State Of Bihar &Amp; Ors on 4 March, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CWJC No.6690 of 2010
         1. MD. ABUL S/O LATE SK. ISH MOHAMMAD R/O VILL.-
         NARKATIA, P.S.- PUROSHOTTAMPUR, BLOCK- MAINATAND,
         DISTT.- WEST CHAMPARAN
         2. ABDUL HAMID ANSARI S/O LATE ALI HUSSAIN ANSARI R/O
         VILL.- SAKRAUL, P.S.- INARWA, BLOCK- MAINATAND, DISTT.-
         WEST CHAMPARAN
         3. KANHAIYA PRASAD S/O LATE MAHADEO SAH R/O VILL.-
         BASTHA, P.S.- MAINATAND, DISTT.- WEST CHAMPARAN
         4. CHANDRIKA SAH S/O LATE NAGA SAH R/O VILL.- MAINATAND,
         P.S.- MAINATAND, DISTT.- WEST CHAMPARAN
         5. SURUJ SAH S/O LATE BUDDHAN SAH R/O VILL.- RAMPURWA,
         P.S.- MAINATAND, DISTT.- WEST CHAMPARAN
         6. JAINABTARA W/O LATE HAKIM MIAN R/O VILL.- RAMPURWA,
         P.S.- MAINATAND, DISTT.- WEST CHAMPARAN
         7. RAJBANSHI MAHTO S/O LATE KAMAL MAHTO R/O VILL.-
         PIRARI, P.S.- INARAWA, BLOCK- MAINATAND, DISTT.- WEST
         CHAMPARAN
         8. BINDESHWARI PRASAD S/O LATE BUDHAN SAH R/O VILL.-
         RAMPURWA, P.S.- MAINATAND, DISTT.- WEST CHAMPARAN
         9. JANARDAN PRASAD S/O LATE DHANIDEYAL MAHTO R/O
         VILL.- MARJADAWA, P.S.- PUROSHOTTAMPUR, BLOCK-
         MAINATAND, DISTT.- WEST CHAMPARAN
                                Versus
         1. THE STATE OF BIHAR
         2. THE DISTRICT MAGISTRATE, BETTIAH, WEST CHAMPARAN
         3. THE BLOCK DEVELOPMENT OFFICER, MAINATAND, DISTT.-
         WEST CHAMPARAN
                                        -----------

2. 04.03.2011 Heard learned counsel for the petitioners

and the State.

The petitioners are stated to be P.D.S.

dealers. They were given certain grains for

distribution under the Samakit Gramin Rozgar

Yojana. The distribution was to be done by them

based on permits that may have been issued by the

authorities for the purpose. The grains were given to
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them in between the year 2001 to 2006. They are

aggrieved by the order dated 4.3.2010 directing them

to return the balance amount of food grains or

deposit the costs of the grains at the Above Poverty

Line Level Rate failing which action for cancellation

of their licence shall be taken and an F.I.R. lodged.

Learned counsel submits that the food

grains were distributed as per permits issued from

time to time and the remaining food grains withered

and decayed by long storage as no permits were

issued for distribution with regard to them.

He relies upon an order of this Court in

C.W.J.C. No. 16366 of 2009 directing notices of the

present nature to be considered as a show cause

notice, which had to be replied by persons like the

petitioners within six weeks whereafter a final

decision had been directed to be taken afresh.

Learned counsel for the State relies

heavily on the counter affidavit, more particularly

Paragraphs 10, 11 and 12 of the same but is unable

to demonstrate to the Court any material from the

aforesaid Paragraphs of the total amount of food

grains originally given to the petitioners, the amount

of food grains for which permits had been issued, the

amount of food grains which remained undistributed
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and in respect of which the petitioners may have

remained answerable. Perhaps, if the Block

Development Officer, Mainatand, West Champaran,

had been a little more cautious about the discharge

of his duties and had filed a proper counter affidavit

bringing on record materials that the aforesaid

procedure had been followed notwithstanding which

the petitioners refused to cooperate and furnish

information, rather than confronting the Court with

his own conclusions, the matter could have been

appropriately disposed off today one way or the

other.

In the manner of the counter affidavit

filed, the Court has no option but to direct the

impugned order dated 4.3.2010 to be treated as a

show cause notice.

Let the petitioners file their reply to the

same within six weeks from today when they shall

adequately disclose the amount of food grains

allotted, those for which permits had been issued

and the information given by them for the balance

amount whereafter fresh orders may be passed

within a maximum period of three months from the

date of receipt/production of a copy of this order of

such cause been shown by the petitioner as similarly
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directed in C.W.J.C. No. 16366 of 2009.

In view of the fact that the impugned

order has been directed to be treated as a show

cause notice, till final adjudication is not done, the

question of any coercive action against the

petitioners thereunder does not arise.

The writ application stands disposed.

P. Kumar                                         ( Navin Sinha, J.)