IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4455 of 2010 1. Ram Kishor Sahni S/O Late Rupa Sahni R/O Village - Rewa Basantpur , South Block Saraiya , P.S- Saraia, District - Muzaffarpur Versus 1. The State Of Bihar 2. The District Magistrate Muzaffarpur 3. The Deputy Development Commissioner Muzaffarpur 4. The Block Development Officer, Saraiya Block, Muzaffarpur ----------- 02 01.07.2011 Heard Mr. Ashok Kumar Ojha, learned counsel for the petitioner and learned counsel for the State. The petitioner challenges the direction as contained in the letter No. 1145 dated 01.07.2009 issued by the Block Development Officer, Saraiya Block, Muzaffarpur directing the petitioner to return the balance food grains to the tune of 54.25 quintals, supplied to him under the earlier schemes, failing which necessary action would be taken against him. Learned counsel for the petitioner submits that the food grains had been supplied for schemes during the period 2004-05. He submits that by passage of time the grains have decomposed and now it is not possible for return of the grains as desired under the impugned letter. He relies upon an order passed by this Court in similar circumstances in a case arising from C.W.J.C. No. 6690 of 2010 dated 04.03.2011. A Bench of this Court after taking into consideration the circumstances as noticed in the present case, was pleased to dispose of the writ petition treating a similar notice as contained in Annexure-3 herein as a show cause notice and enabling the petitioner to reply to the same within a period of six weeks by adequately disclosing the amount of food grains allotted to him, the quantity for which permits were 2 issued and information given regarding the balance amount and only whereafter fresh order may be passed within a period of three months from the date of receipt of the copy of the order. Learned counsel for the parties are in agreement that the present writ petition raising identical issues can be disposed of in terms of the order passed by this Court in C.W.J.C. No. 6690 of 2010. Following the order passed in C.W.J.C. No. 6690 of 2010, it is held that the direction as contained in letter No. 1145 dated 01.07.2009 shall be treated as a notice of show cause to the petitioner and the petitioner herein shall file his reply to the same within six weeks from today explaining and disclosing the amount of food grains allotted, the amount for which permits had been issued and the information regarding the balance amount. Needless to say that the respondent-Block Development Officer, Saraiya Block, upon consideration of the explanation given by the petitioner shall pass appropriate speaking orders within a maximum period of three months from the date of production of a copy of this order or cause shown by the petitioner. Until final adjudication by the respondent-Block Development Officer no coercive action shall be taken against the petitioner. The writ petition stands disposed of with the aforesaid directions. Bibhash (Jyoti Saran, J.)