IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3652 of 2011 Sudhir Kumar Versus The State Of Bihar & Ors 2 15.10.2011 The petitioner seeks modification of the order dated 29.7.2011 passed by this court in C.W.J.C. No.11913 of 2011 and its analogous cases whereby the petitioner was directed to either deposit 20% of the value of the undistributed rice at Rs.10/- per Kgs or the rice itself. The petitioner submits that the fact of the case was slightly different. The petitioner submits that he received only 800 quintals of rice. Earlier 1500 quintals of rice which was earmarked for him was allotted to one Ramchandra Mahto on 29.6.2006 as his licence stood suspended then. The petitioner represented the respondent authorities to issue permit for distribution of the balance rice so that it may not decay. The petitioner further submits that as his shop was too small for storing the foodgrains allotted under S.G.R.Y. scheme and as such he stored the same in the Computer Bhawan of C.N.B. College, Sheikhpura and duly informed the respondent no.5. On 10.3.2011 the petitioner received a notice from S.D.M. Sheikhpura, respondent no.4, to vacate the Computer Bhawan of C.N.B.College and remove the rice stored over there. In compliance of the aforesaid notice, on 17.3.2011 when the petitioner went to vacate the premises, he found that substantial quantity of rice has been stolen by breaking open the window of 2 the said College. The petitioner lodged an F.I.R. bearing Sheikhpura P.S. Case No.73 of 2011 in which charge sheet has been submitted. Counsel for the State submits that the petitioner should bring all these facts before the Chief Executive Officer, Zila Parishad, Sheikhpura. Considering the facts and circumstances of the case, this court is of the view that the impugned notice be treated as show cause to which the petitioner should file his representation within four weeks. Thereafter the Chief Executive Officer would dispose of the representation of the petitioner within ten days. Till then, no coercive steps would be taken against the petitioner. The order dated 29.7.2011 passed in C.W.J.C.No.11913 of 2011 is modified to the extent indicated above. KHAN (S.P.Singh,J)