IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11628 of 2011 ====================================================== Krishnandan Singh S/O Late Taniklal Singh Vill. Bichara , P.S. Chewara, District Sheikhpura .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Secretary, Department Of Food And Civil Supply, Gov. Of Bihar , Patna. 3. The Secretary, Departnaent Of Rural Development Goverment Of Bihar ,Patna 4. District Magistrate, Sheikhpura 5. Deputy Development Commissioner-Cum- Chief Executive Officer ,District Rural Development Authority, Sheikhpura 6. Deputy Development Commissioner, Sheikhpura 7. District Engineer,District Board/ District Rural Development Authority , Sheikhpura 8. Block Development Officer-Cum-Chief Executive Officer, Chewara , District Sheikhapura 9. Blok Supply Officer, Chewara,District Sheikhpura 10. Mukhia, Lohan Gram Panchayat, Block Chewara, District Sheikhpura. 11. Panchayat Secretary, Lohan Gram Panchayat, P.S. Chewara, District Sheikhpura. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilesh Kumar For the Respondent/s : Mr. Awdhesh Kumar Pandey GA9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 06-07-2012 The petitioner prays for quashing Memo no. 520 dated 30.6.2011, issued by the Block Development Officer, Chewara by which he has been directed to deposit the value of undistributed rice at the rate of Rs.8.78/- per kilogram. The petitioner submits that his late father was PDS licensee having License no. 14 of 1985 for running a fair price shop in Chewara block in the district of Sheikhura. During his life time, under the Sampurna Gram Rojgar Yojana, 2002-06 he (petitioner’s father) was given certain quantity of rice for its Patna High Court CWJC No.11628 of 2011 (3) dt.06-07-2012 2 / 2 2 distribution to the permit holders. Now, long after death of his father on 10.10.2008, respondents have issued notice to him in the year 2011 for depositing about a sum of over 10.5 lakh for undistributed rice. The petitioner submits that the liability of his father cannot be fastened on him as (a) the transaction in question had been made in the individual capacity and he is not in know how of the quantity allotted and distributed to him (b) he is not the only son of his father and (c) he has not been given the license for running the PDS shop allotted to his late father. The petitioner submits that he has already deposited Rs.15,000/-. Having regard to the facts and circumstances of the case, I direct that the petitioner would deposit a further sum of Rs.10,000/- within a period of six weeks from today. It will be open for the petitioner to make all these submissions, which he has made before the court, before the authority concerned. No coercive steps would be taken against the petitioner pursuant to order dated 30.6.2011. The deposit of the amount would not be construed to mean that petitioner is responsible for acts of omissions or commission of his late father. The writ application is disposed of. Shashi. (Samarendra Pratap Singh, J)