IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1485 of 2011 In Civil Writ Jurisdiction Case No. 11966 of 2011 ====================================================== Ram Kishun Thakur, S/O Sri Harshit Thakur, Resident of Village-Nimi, P.S.-Shekhopur Sarai, District-Shekhpura. .... Petitioner.... 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 Appellant/s : Mr. Raj Kumar, Advocate For the Respondent/s : Mr. Tej Bahadur Singh, AAG-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 03-11-2011 This Appeal preferred by the writ petitioner under Clause 10 of the Letters Patent arises from the order dated 4th August 2011 made by the learned single Judge in above CWJC No. 11966 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 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 Patna High Court LPA No.1485 of 2011 (3) dt.03-11-2011 2 / 2 2 directed to deposit 20 % value of the undistributed rice @ Rs.10/- per kilo gram. On the facts and under 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 contention 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 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. B.Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)