IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1538 of 2011 In Civil Writ Jurisdiction Case No. 12219 of 2011 With Interlocutory Application No. 7273 of 2011 In Letters Patent Appeal No.1538 of 2011 ====================================================== Natho Prasad, S/o Late Budhi Prasad, Resident of Village-Belaw, P.S. Shekhopur Sarai, District-Shekhpura. .... .... Appellant Versus 1. The State of Bihar. 2. The District Magistrate, Shekhpura. 3. The Sub-Divisional Officer, Shekhpura. 4. The Block Development Officer, Shekhopur Sarai, District-Shekhpura. 5. The Deputy Development Commissioner, Shekhpura. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellants : Mr. Raj Kumar, Advocate For the Respondents : Mr. Raj Kamal, A.C. to S.C.-9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 19-10-2011 Interlocutory Application No. 7273 of 2011: The delay of 10 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1538 of 2011: This Appeal under Clause 10 of the Letters Patent is Patna High Court LPA No.1538 of 2011 (2) dt.19-10-2011 2 / 3 2 preferred by the writ petitioner against the order dated 4th August 2011 made by the learned single Judge in C.W.J.C. No. 12219 of 2011 directing the petitioner to deposit 20% of the value of undistributed rice @ Rs.10/- per kilogram or the rice itself in the present form, if already not deposited. The appellant is a licensee of a fair price shop. It appears that under the scheme of ‘Sampoorna Gramin Rojgar Yojna’ framed by the Central Government the dealers under public distribution system were allotted certain quantity of rice to be distributed amongst the beneficiaries under the scheme during the years 2002 to 2006. It further appears that the said rice was not distributed to the beneficiaries as envisaged by the scheme. Consequently, pursuant to the audit report, the State Government has called upon the appellant and such other licensees to pay price of the undistributed rice @ Rs.13.10 per kilogram. Feeling aggrieved, the appellant filed above C.W.J.C. No. 12219 of 2011 under Article 226 of the Constitution. The learned single Judge has, pursuant to the order made in C.W.J.C. No. 711 of 2011, issued direction that the impugned communication be treated as a show-cause notice and that the authority below will make the final order after receiving reply from the writ petitioner. Further the learned single Judge has issued the direction to deposit 20% of the value of the undistributed rice @ Rs.10/-per kilogram as recorded hereinabove. It is the aforesaid direction to deposit 20% of the value of the undistributed rice, which is the subject matter of challenge before us. Learned advocate Mr. Raj Kumar has appeared for the appellants. He has submitted that the appellant has been meted discriminatory treatment by issuing direction to deposit 20% of the value of the undistributed rice. He has submitted that in the above referred C.W.J.C. No. 711 of 2011 no such condition was Patna High Court LPA No.1538 of 2011 (2) dt.19-10-2011 3 / 3 3 imposed. He has further submitted that judicial discipline requires that identical relief is granted; the condition imposed upon the appellant, therefore, is unwarranted. He has also submitted that the impugned direction amounts to adjudication of issue against the appellants. We see no merit in any of the contentions raised by Mr. Kumar. The learned single Judge has the discretion to impose suitable conditions. On the facts of the case, the conditions imposed by the learned single Judge do not appear to us to be unreasonable so as to warrant interference. However, as in the other similar writ petition the learned single Judge has directed deposit of 15% of the value of the undistributed rice, we allow the Appeal to the extent that, without prejudice to the rights and contentions raised in the writ petition, the appellant will deposit the sum equivalent to the 15% of the value of the undistributed rice @ Rs. 10/- per kilogram within six weeks from today. The appellant will file the reply to the show cause notice, if not already filed, within six weeks from today. The matter will be decided by the Deputy Development Commissioner/competent authority within two months from the date the appellant makes the deposit and files the reply as directed hereinabove. The impugned order made by the learned single Judge stands modified to the above extent. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)