IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16366 of 2009 SATYADEO RAI, SON OF LATE BHOLA RAI, RESIDENT OF VILLAGE BHINIK TOLA, DUDHAILA, P.S. SONEPUR, DISTRICT SARAN. … PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SUB-DIVISIONAL OFFICER, SARAN. 3. BLOCK DEVELOPMENT OFFICER, SONEPUR, SARAN. .. RESPONDENTS. For the Petitioner: Mr. Sanjeev Kumar Mishra, Advocate. For the State: Mr. Rajesh Kumar verma, SC-27. ----------- 3. 28.02.2011. Learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 12.11.2009 issued by the Block Development Officer, Sonepur at Saran directing him to deposit the monetory value of approximately 1200.89 quintals of rice in the Government Treasury failing which legal action would be taken. Learned counsel for the petitioner submits that the rice in question was allotted between the years 2003- 2004 to 2005-2006 for distribution under different schemes. It is his further case that permits for distribution were issued only for a part of that quantity and the rest of the rice withered away by deterioration as no permits for distribution were issued. No counter affidavit has been filed on behalf of 2 the respondents. This Court in C.W.J.C. No. 13973 of 2009 has noticed a similar controversy. In that case a counter affidavit had been filed with regard to a similar order but did not satisfy the Court that it was issued after a show cause notice and final determination on facts before fixing liability which was unilateral in nature. This Court, therefore, directed as follows: “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 3 petitioner within the time indicated, the writ petition shall be deemed to have been dismissed.” The order dated 12.11.2009 is therefore directed to be treated as a show cause notice in like terms. The petitioner shall file his reply within six weeks. If the petitioner seeks any further information and or documents from the respondents to enable him to fortify his reply to the show cause notice, the respondents shall adequately respond to the same unless the information sought is considered not germane to the controversy or is already available with the petitioner, by a reasoned and speaking order. Since the impugned order has been directed to be treated as a show cause notice the question of any coercive action, thereunder does not arise at this stage till a final adjudication is not done. The writ application stands disposed in the aforesaid terms. Ibrar/ ( Navin Sinha, J.)