IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17074 of 2011 Shiv Shankar Mishra, S/O Late Kamla Kant Mishra, resident of Village-Katihwar, Police Station-Sakatpur, District-Darbhanga. . . . . . . Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Darbhanga. 3. The Additional Collector, Darbhanga. 4. The District Development Commissioner, Darbhanga. 5. The Sub-Divisional Officer, Sadar Darbhanga. 6. The Block Development Officer, Tardih, Police Station Sakatpur, District- Darbhanga. 7. The officer-in-charge, Sakatpur, P.S.-Sakatpur, District- Darbhanga. . . . . . . Respondents. ---------------------------------- 3/ 05.12.2011 Learned counsel for the petitioner is permitted to add the officer-in-charge, Sakatpur as respondent no.7. In the instant writ application, the petitioner prays for directing the respondents to take final decision with regard to liability of the petitioner on the basis of enquiry report dated 02.01.2009 (Annexure-6) of Block Development Officer, Tardih as well as letter no.2931 dated 04.03.2009 of Sub- Divisional Officer, Darbhanga (Sadar). The petitioner is a P.D.S. dealer within Tardih Block in the district of Darbhanga. He submits that rice was allotted to him under SGRY Scheme between 2002 to 2006. He further submits that after 4 to 5 years, the respondents are demanding the value of undistributed rice, which over the years has rusted. He further submits that it is the common knowledge that flood has played havoc in the area. The petitioner submits that both Block Development Officer, Tardih vide his report dated 02.01.2009 as well as Sub-Divisional Officer, Darbhanga (Sadar) vide letter no.2931 dated 04.03.2009, have 2 observed that in the situation mentioned aforesaid, it would be impossible that any rice would remain intact with the petitioner. The petitioner submits that Block Development Officer in his letter stated that the Block was badly affected by flood in the year 2002 and as such possibility of availability of rice would be very weak. The Sub-Divisional Officer, Darbhanga (Sadar) agreeing with the view of the Block Development Officer, Tardih has referred the matter to incharge Deputy Collector, Public grievances, Darbhanga vide his letter dated 02.03.2009. In view of Annexures-6 and 7, I refer the matter to Deputy Development Commissioner, Darbhanga for consideration. The Deputy Development Commissioner, Darbhanga would dispose of the matter regarding the liability of the petitioner to pay the value of undistributed rice within three months from the date of receipt of a copy of this order. Till then no coercive steps would be taken against the petitioner. Uday/ (Samarendra Pratap Singh, J.)