IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.718 OF 2011 DEVENDER PRASAD SINGH VERSUS THE STATE OF BIHAR & ORS ----------- 2 05.07.2011. The petitioner is a P.D.S. dealer having Licence no. 42 of 2007. Certain quantity of food grains was given to him both under the 50% and 30% SGR Yojana. The petitioner submits that he distributed food grains only for the quantity for which the permit was issued. Other submission of the petitioner is that he is being asked to refund the undistributed rice at the APL rate. Counsel for the state submits that the petitioner should refund the unsold rice at the APL rate. Petitioner submits that the impugned order dated 11.12.2010 has been passed without issuing him the notice. It appears that the petitioner was given certain quantity of rice to be distributed under 50 & 30 % SGR Yojana. The food grain was to be distributed only against the permits to be issued by the respondents. The scheme which was started in the year 2002 closed in 2006. The petitioner does not dispute that the rice remained undistributed. The plea of the petitioner is that same rice would rust over the years. In the facts of the case, I am inclined to grant one final 2 indulgence to the petitioner. h The impugned order dated 11.12.2010 would be taken as show cause notice. The petitioner would file his reply within 6 weeks from today with all the relevant documents and details. The Block Development Officer would decide the matter in accordance with law preferably within two months thereafter. No coercive steps would be taken against the petitioner till the matter is finally disposed of by the Block Development Officer. writ petition is thus disposed of. Shashi ( S.P. Singh, J.)