IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.9450 of 2011 ==================== 1. Shafi Ahmad Ansari son of Late Md. Muneer Ansari, resident of Village- Basantpur, Post Office- Mainatand, Police Station- Mainatand, District- West Champaran (Bettiah). 2. Satya Narayan Prasad, Son of Late Surya Prasad, resident of Village- Lipni, Post Office- Pirari, Police Station- Mainatand, District- West Champaran (Bettiah). 3. Khalid Shah, Son of Md. Hashim Dewan, resident of Village- Balirampur, Post Office- Bhalwaian, Police Station- Prushottampur, District- West Champaran (Bettiah). 4. Bhushan Baitha, son of Late Dhup Baitha, resident of Sihpur, Post Office- Mainatand, Police Station- Mainatand, District- West Champaran (Bettiah). 5. Md. Rizwanullah @ Riznullah, son of Late Mansi Miyan, resident of Village- Damrapur, Post Office- Damrapur, Police Station- Manpur, District- West Champaran (Bettiah). 6. Rama Baitha, son of Late Bishnu Baitha, resident of Village- Pakunhwan, Post Office- Mainatand, Police Station- Mainatand, District- West Champaran (Bettiah). 7. Amrul Ansari, son of Late Md. Muneer Ansari, resident of Village- Sakraul, Post Office- Gorpakri, Police Station- Inerwa. District- West Champaran (Bettiah). 8. Poonam Devi wife of Shri Rameshwar Prasad Verma, resident of Village- Madhuri, Post Office- Makhadwa, Police Station- Prushottampur, District- West Champaran (Bettiah). 9. Afroz Alam, son of Md. Naseer, resident of Village- Manjharia, Post Office- Bholwaina, Police Station- Prushottampur, District- West Champaran (Bettiah). . . . . . . Petitioners. Versus 1. The State of Bihar. 2. The Deputy Development Commissioner – cum – Chief Executive Officer, West Champaran (Bettiah). 3. The Sub-Divisional Officer, Narkatiaganj, District- West Champaran (Bettiah). 4. The Block Development Officer, Mainatand Block, District- West Champaran (Bettiah). . . . . . . Respondents. ==================== 2/ 11.07.2011 The petitioners have got licenses vide license nos. 06 of 2007, 18 of 2007, 54 of 2007, 07 of 1991, 19 of 2007, 12 of 2007, 48 of 2007 and 25 of 2007 for running Fair Price Shop. They were granted certain rice under Sampuran Gramin Rojgar 2 Yojna (hereinafter referred to as SGRY). The petitioners are aggrieved by Memo No. 337 dated 29.03.2011, issued by Block Development Officer, Mainatand, West Champaran, whereby they have been directed to refund the remaining undistributed rice at APL rate. Counsel for the petitioners submits that the impugned notice has been issued without providing an opportunity of hearing to them. They submit that in similar circumstances, a Bench of this Court has directed the authorities to grant an opportunity of hearing. In this connection, the petitioners refers the order dated 04.03.2011 passed in C.W.J.C. No. 6690 of 2010 (Md. Abul & Ors. Vs. The State of Bihar & Ors.). Counsel for the State submits that the Government has asked for refund of the value of the rice, which has remained undistributed with the petitioners. I have heard the learned counsel for the petitioners and the State. Certain quantity of rice was given to the petitioners to be distributed against the issuance of permits. Sufficient permits were not issued for distribution of the entire quantity of rice. It is not in dispute that certain quantity of rice had remained with the petitioners on account of non-issuance of sufficient number of permits. In the facts and circumstances, I grant one opportunity of hearing to the petitioners. Let the impugned Memo dated 29.03.2011, issued by the Block Development Officer, Mainatand, 3 West Champaran be deemed as show cause to which the petitioners should file their reply within six weeks. The Block Development Officer, Mainatand would dispose of the representation of the petitioners within three months thereof. Pending final hearing no coercive steps would be taken against the petitioners. Once the final order is passed, the petitioners would be liable to deposit the amount arrived at. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)