IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1894 of 2011 In Civil Writ Jurisdiction Case No. 5656 of 2011 With Interlocutory Application No. 8447 of 2011 In Letters Patent Appeal No.1894 of 2011 ====================================================== Babulal Rajbanshi S/o Late Basudeo Ram R/o Daripur, P.S. - Rajauli, District - Nawada .... .... Appellant/Petitioner Versus 1. The State of Bihar. 2. The Secretary, Department of Food and Civil Supply, Government of Bihar, Patna. 3. The Secretary, Department of Rural Development, Government of Bihar, Patna 4. District Magistrate, Nawada 5. Deputy Development Commissioner-cum-Chief Executive Officer, District Rural Development Authority, Nawada 6. The Deputy Development Commissioner, Nawada 7. District Engineer, District Board, Nawada 8. Sub Divisional Officer, Rajauli, District Nawada 9. Block Development Officer cum Chief Executive Officer, Rajauli Block cum Panchayat Samittee, District Nawada 10. Block Supply Officer, Rajauli, District Nawada .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Amresh Kumar Sinha, Advocate For the Respondents : Mr. Partha Sarthi, S.C.-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and Patna High Court LPA No.1894 of 2011 (3) dt.15-12-2011 2 / 3 2 HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 15-12-2011 Learned advocate Mr. Amresh Kumar Sinha appears for the appellant. He states that in this Appeal no relief is claimed against the respondent nos. 11 and 12 nor the respondent nos. 11 and 12 are the contesting parties. He, therefore, seeks leave to delete the names of respondent nos. 11 and 12 from the cause title of the Appeal and the Interlocutory Application. The names of the respondents nos. 11 and 12 be deleted from the cause title of the Appeal and the Interlocutory Application. Necessary corrections will be made in the cause title of the Appeal and the Interlocutory Application. Interlocutory Application No. 8447 of 2011: The delay of 66 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1894 of 2011: This Appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the order dated 27th July 2011 made by the learned single Judge in above C.W.J.C. No. 5656 of 2011. The matter at dispute is recovery of the value of undistributed rice supplied under the Sampurna Gramin Rojgar Yojana Scheme during the year 2002 to 2006 at the rate of Rs.13.10 per Kg. The learned single Judge has set aside the demand made by the State Government for violation of the principles of Patna High Court LPA No.1894 of 2011 (3) dt.15-12-2011 3 / 3 3 natural justice. The learned single Judge has directed that the demand letter be treated as show cause notice and be decided after hearing the appellant. In the meanwhile the appellant has been directed to deposit 20 % value of the undistributed rice @ Rs.10/- per kilo gram. On the facts and in the circumstances of the case, the Appeal is partially allowed. The impugned order is modified to the extent that, without prejudice to the rights and contentions raised in the writ petition, the appellant will deposit 15% of the value of the undistributed rice @ Rs.10/- per kg. within six weeks from today. The appellant will file 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)