IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1270 of 2011 In Civil Writ Jurisdiction Case No. 12221 of 2011 ====================================================== Ram Chandra Mahto S/o Late Tunha Mahto Resident of Village-Kamta, P.S.-Sheikhpura, District-Sheikhpura. .... .... Appellant Versus 1. The State of Bihar. 2. The Deputy Development Commissioner Cum Chief Executive Officer, Zila Parishad, Sheikhpura, District-Sheikhpura. 3. The Sub Divisional Officer, Sub-Division Sheikhpura, District- Sheikhpura. 4. The Block Development Officer Block-Sheikhpura, District-Sheikhpura. 5. The Panchayat Secretary, Mahsar, P.S. Sheikhpura, District-Sheikhpura. 6. The Mukhiya, Mahsar, P.S. Sheikhpura, District-Sheikhpura. .... .... Respondents ====================================================== With Letters Patent Appeal No.1364 of 2011 IN Civil Writ Jurisdiction Case No. 11875 of 2011 ====================================================== Praveen Kumar Son of Late Mishri Singh Resident of Village Kewati, P.S.- Sheikhpura, District- Sheikhpura .... .... Appellant Versus 1. The State of Bihar 2. The Deputy Development Commissioner Cum Chief Executive Officer, Zila Parishad, Sheikhpura, District- Sheikhpura 3. The District Manager, Bihar State Food Corporation, Shiekhpura District- Sheikhpura 4. The Sub Divisional Officer, Sub-Division- Sheikhpura, District- Sheikhpura Patna High Court LPA No.1270 of 2011 (4) dt.19-10-2011 2 / 6 2 5. The Block Development Officer Block- Barbigha, District- Sheikhpura 6. The Panchayat Secretary, Kewati, P.S.- Sheikhpura, District- Sheikhpura 7. The Mukhiya, Kewati, P.S.- Sheikhpura, District- Sheikhpura .... .... Respondents ====================================================== With Letters Patent Appeal No.1421 of 2011 IN Civil Writ Jurisdiction Case No. 12119 of 2011 With Interlocutory Application No. 6829 of 2011 In Letters Patent Appeal No.1421 of 2011 ====================================================== Hari Kishore Yadav Son of Chamakal Yadav Resident of Village - Tiwari Tola P.S. - Belhar District - Banka. .... .... Appellant Versus 1. The State of Bihar through the Principal Secretary, Rural Development Department Old Secretary Patna. 2. The Deputy Development Commissioner Cum Chief Executive Officer, Zila Parishad, Banka, District Banka. 3. The District Manager, Bihar State Food Corporation, Bhagalpur, District - Bhagalpur. 4. The District Magistrate, Banka. 5. The Block Development Officer Block-Banka, District-Banka. 6. The Block Development Officer Block - Amarpur, District - Banka. 7. The Block Development Officer Block-Belhar, District - Banka. 8. The Block Development Officer Block - Fullidumar, District - Banka. 9. The Block Development Officer Block- Rajaun, District - Banka. 10. The Block Development Officer Block- Katoria, District - Banka. 11. The Block Development Officer Block-Chandan, District - Banka. 12. The Block Development Officer Block – Shambhuganj, District - Banka. 13. The Executive Engineer, Rural Development Department Circle 2, Banka. Patna High Court LPA No.1270 of 2011 (4) dt.19-10-2011 3 / 6 3 14. The Executive Engineer, Rural Development Department Circle - 1, Baunsi, Banka. 15. The Executive Engineer, Minor Irrigation, Works Division Banka. 16. The Junior Engineer Rural Development Department Circle 2, Banka. .... .... Respondents ====================================================== Appearance : (In LPA No.1270 of 2011) For the Appellant : Ms. Sushmita Mishra, Advocate For the Respondent State: Mr. Prabhakar Tekriwal, G.A.-1 (In LPA No.1364 of 2011) For the Appellant : Ms. Sushmita Mishra, Advocate For the Respondent State: Mr. S.D. Sanjay, AAG-12 (In LPA No.1421 of 2011) For the Appellant : Ms. Sushmita Mishra, Advocate For the Respondent State: Mr. Sunil Kr. Mandal, S.C.-24 For the Respondent No.3: Mr. R.S. Pradhan, Senior Advocate with Mr. A.N.Rai, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 19-10-2011 Interlocutory Application No. 6829 of 2011: The delay of 9 days occurred in filing the Letters Patent Appeal No.1421 of 2011 is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal Nos. 1270 of 2011, 1364 of 2011 and 1421 of 2011: These Appeals under Clause 10 of the Letters Patent are preferred by the concerned writ petitioners against the common order dated 29th July 2011 made by the learned single Judge Patna High Court LPA No.1270 of 2011 (4) dt.19-10-2011 4 / 6 4 insofar as the above C.W.J.C. Nos. 12221 of 2011, 11875 of 2011 and 12119 of 2011 have been disposed of with a direction to the petitioners 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 appellants are the licensees of fair price shops. 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 appellants and such other licensees to pay price of the undistributed rice @ Rs.13.10 per kilogram. Feeling aggrieved, the appellants filed above C.W.J.C. Nos. 12221 of 2011, 11875 of 2011 and 12119 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 petitioners. 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 Ms. Sushmita Mishra has appeared for the appellants. She has submitted that the appellants have been Patna High Court LPA No.1270 of 2011 (4) dt.19-10-2011 5 / 6 5 meted discriminatory treatment by issuing direction to deposit 20% of the value of the undistributed rice. She has submitted that in the above referred C.W.J.C. No. 711 of 2011 no such condition was imposed. She has further submitted that the judicial discipline requires that identical relief is granted; the condition imposed upon the appellants is, therefore, unwarranted. She has also submitted that the impugned direction amounts to adjudication of issue against the appellants. Ms. Mishra states that the appellants have already submitted reply to the show cause notice. Ms. Mishra has made an attempt that the appellants be permitted to deposit the undistributed rice as directed by the learned single Judge. She, however, could not establish that the rice allotted during the years 2002 to 2006 which remained undistributed is still available with the appellants. The appellant in Letters Patent Appeal No. 1421 of 2011 has candidly admitted that undistributed rice has been disposed of. We see no merit in any of the contentions raised by Ms. Mishra. The learned single Judge has the discretion to impose a suitable condition. 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 these Appeals to the extent that, without prejudice to the rights and contentions raised in the writ petitions, the appellants will deposit the sum equivalent to 15% of the value of the undistributed rice @ Rs. 10/- per kilogram within six weeks from today. The appellants will file the reply to the show cause notice, if not already filed, within six weeks from Patna High Court LPA No.1270 of 2011 (4) dt.19-10-2011 6 / 6 6 today. The matter will be decided by the Deputy Development Commissioner/competent authority within two months from the date the appellants make the deposit and file 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)