IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.699 OF 2011 SUKHALI DEVI VILLAGE THOTIPUR, POLICE STATION PARSA BAZAAR, PATNA. VERSUS 1. THE STATE OF BIHAR 2. DDC PATNA 3. SUB DIVISIONAL OFFICER SARAR PATNA 4. BLOCK DEVELOPMENT OFFICER PHULWARIFHARIFF 5. MUKHIA, GRAM PANCHAYAT, PHULWARISARIF. ----------- 2 05.07.2011. The petitioner prays for quashing the order dated 11.12.2010 contained in Memo no. 2285 and 2291 issued by the Block Development Officer Phulwarisharif, whereby she has been directed to deposit the balance amount of rice at APL rate. The petitioner is a PDS dealer under Patna sadar having License no. 3 of 2010. She was allotted rice under 50% and 30% of the Sampurna Gramin Rojgar Yojana (SGRY) between years 2002 to 2006. The petitioner submits that under the scheme she could distribute rice only as against the permits issued for the same. A large quantity of rice remained undistributed because of inadequate issuance of permits. The petitioner submits that after 4 to 5 years now the respondents are demanding back the rice at APL rate of Rs. 13.10/kg. The petitioner states that respondents did not bother to take back rice all these years. Rice is a perishable commodity and over the years it got decomposed. She submits that no opportunity of hearing has been given before issuance of impugned order dated 11.12.2010, issued by 2 the Block Development Officer, Fulwarisharif. As the petitioner was not given an opportunity of hearing, I observe that the aforesaid memo be treated as show cause. The petitioner would file his reply to the same within six weeks. Thereafter the authority concerned would pass order in accordance with law within three months thereof. Till then no coercive steps pursuant to letter of the Block Development Officer, Fulwarisharif dated 11.12.2010, as contained in Annexure 1 would be taken against the petitioner. Petitioner would cooperate with the authorities. The writ petition is thus disposed of . Shashi (Samarendra Pratap Singh,J).