IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13973 of 2009
1. CHANDRA SHEKHAR PRASAD S/O LATE SITA RAM SAH R/O BARIARPUR
BAZAR, P.S. BARIARPUR, DISTT. MUNGER
2. CHAMAK LAL CHOUDHARY S/O LATE CHULAHI CHOUDHARY R/O
BARIARPUR BAZAR, P.S. BARIARPUR, DISTT. MUNGER
Versus
1. THE STATE OF BIHAR null null
2. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM-CHIEF EXECUTIVE
OFFICER ZILA PARISHAD, MUNGER, DISTT. MUNGER
3. THE DISTRICT MANAGER BIHAR STATE FOOD CORP., MUNGER DISTT.
MUNGER
4. THE SUB-DIVISIONAL OFFICER SUB-DIVISION- HAVELI KHARAGPUR,
DISTT. MUNGER
5. THE BLOCK DEVELOPMENT OFFICER BLOCK BARIARPUR, DISTT.
MUNGER
6. THE EXECUTIVE ENGINEER ZILA PARISHAD, MUNGER, DISTT. MUNGER
7. THE DEPUTY ENGINEER ZILA PARISHAD, MUNGER, DISTT. MUNGER
8. THE ASSISTANT ENGINEER ZILA PARISHAD, MUNGER, DISTT. MUNGER
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3. 28.01.2011 Heard learned counsel for the petitioner
and the State.
The petitioner is aggrieved by the order
dated 12.8.2009 by which directions have been
issued for institution of a certificate case against
him with regard to non surrender of food grains
given to him for public distribution.
Learned counsel submits that the food
grains were for a scheme of the year 2005-06. The
impugned order has been issued more than 3 to 4
years later. The food grains were liable to
deterioration and the petitioner could not be
expected to keep it in any appropriate condition
indefinitely.
2
Counsel for the State from the counter
affidavit is unable to satisfy the Court that any
opportunity to explain or any show cause notice was
given to the petitioner before issuance of the
impugned order dated 12.8.2009.
This Court therefore directs that no
coercive action shall be taken in pursuance of the
order dated 12.8.2009 issued by the Deputy
Development Commissioner, Munger. The order is
directed to be treated as a show cause notice.
Let the petitioner file their reply within a
maximum period of six weeks whereafter the Deputy
Development Commissioner shall pass final
reasoned and speaking order in accordance with law.
If no cause is shown by the petitioner
within the time indicated, the writ petition shall be
deemed to have been dismissed.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)