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 ----------- 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.)