IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16892 of 2011 Brahmdeo Gupta, Son of Sri Hargovind Sah, Resident of Village + P.S. Chousa, District Madhepura. ------ Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Rural Development Department, Government of Bihar, New Secretariat, Patna. 3. The District Magistrate, Madhepura. 4. The District Development Commissioner, Madhepura. 5. The Block Development Officer, Chousa, District Madhepura. 6. The Superintendent of Police, Madhepura. ------ Respondents. For the petitioner : Mr. Sanjeev Kumar Mishra, Advocate For the State : Mr. Kamlesh Kumar Sharma, A.C. to S.C. 22. ----------- 2 23.9.2011 The petitioner is aggrieved by Annexure-1A which is annexed to the supplementary affidavit filed on behalf of the petitioner. By the said annexure, the petitioner has been asked to deposit 30% amount of the food grains which he had lifted under the various schemes. This order has been passed at the behest of the District Magistrate, Madhepura. Learned counsel for the petitioner submits that he had received 1934.21 quintals of rice. According to the State authorities, the petitioner had distributed 1,796 quintals of rice and the remaining was lying with him. Learned counsel for the petitioner on the other hand, submits that infact he had distributed the entire amount under the ‘SAMPURNA GRAMIN ROZGAR YOJANA’ scheme and has been directed by the Block Development Officer, Chousa, Madhepura, from time to time. It is submitted that all the records are available with him and as such, without verification of the records, the order contained in Annexure-1A is unjustified. The aforesaid order indicates that if the petitioner does not 2 deposit the said amount within three days, the First Information Report would be lodged against him. Such action of the Block Development Officer, Chousa, Madhepura/District Magistrate, Madhepura is completely unwarranted without an enquiry, show- cause or inspection of the records. Accordingly, I quash the order dated 10.6.2011, issued vide letter no. 362-2. The Block Development Officer, Chousa, Madhepura should inspect the records including the orders issued by him, the distribution of the food grains, before passing any such order. The petitioner should bring a copy of this order to the notice of the Block Development Officer, Chousa, Madhepura as well as the District Magistrate, Madhepura, within a period of one month from the date of receipt of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)