IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13428 of 2011 Md. Kasim Anwar, Son of Late Md. Masir, Resident of Village- Barhi, P.S.-Keoti, District- Darbhanga. . . . . Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Food and Supply Department, Government of Bihar, Patna 2. Deputy Development Commissioner, Darbhanga 3. The District Magistrate, Darbhanga 4. The Sub-Divisional Officer, Darbhanga 5. The District Supply Officer, Darbhanga 6. The Marketing Officer, Darbhanga 7. The Block Development Officer, Keoti, Darbhanga 8. The Block Supply Officer, Keoti, Darbhanga. . . . . Respondents. ---------------------------------- 2/ 26.08.2011 Heard learned counsel for the parties. 2. One Md. Masir, father of the petitioner, was a P.D.S. dealer within Keoti Block in the district of Darbhanga. The food-grains were allotted to him between 2002-06 under SGRY scheme as well as Food for Work programme. 3. Learned counsel for the petitioner submits that father of petitioner, Md. Masir, passed away on 26.01.2009 leaving behind four sons, five daughters and his wife. At the time of death late Masir was a P.D.S. dealer of Barhi Gram Panchayat. The petitioner fairly submits that he was appointed a P.D.S. dealer on compassionate ground in place of his late father. The petitioner is aggrieved by notice dated 21.07.2011 (Annexure-1) whereby he has been directed to make payment of Rs.17,46,379/- in lieu of undistributed rice that was allotted to his father. The petitioner submits that another notice dated 22.07.2011 (Annexure-1/1) was also issued whereby Rs.13,970/- has been demanded against undistributed food-grains under Food for Work scheme and not under SGRY scheme. 2 4. Counsel for the State submits that the heirs of late Masir would be liable to refund the value of rice in equal share, as all of them inherited the share in property of late Md. Masir. 5. Having considered the facts and circumstances of the case, I am of the view that the petitioner should file a detailed representation before the Block Development Officer, Keoti, Darbhanga, who would dispose the same by a speaking order preferably within a period of two months from the date of receipt of a copy of this order. The petitioner must file representation within five weeks from today. 6. The petitioner would deposit 10% of the food-grains demanded by the respondent authorities either in form of cash at the rate of Rs.10/- per kg or food-grains itself. No coercive steps would be taken against the petitioner subject to fulfillment of aforesaid condition. 7. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)