IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6486 of 2011 B.CHAND FOUNDATION . Versus THE STATE OF BIHAR & ORS . ----------- 3/ 09/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is stated to be an organization registered under the Societies’ Registration Act at Katihar working for the development and welfare of women. It is engaged in implementing the social and welfare schemes of the government and was running a women’s helpline, selected by the Government for temporary/short time care home. It is aggrieved by an order dated 1.4.2011 of the District Magistrate, Katihar directing it to be blacklisted and simultaneously a first information report to be instituted allegedly on the ground of having had a fake letter forwarded from the office of the Secretary, Social Welfare Department, Government of Bihar, purported to be dated 25.2.2011. Thereafter, on 7.4.2011 a show cause notice has been issued to it by the District Programme Officer, Katihar why it should not be blacklisted. Learned counsel for the petitioner submits that the impugned order dated 1.4.2011 was in violation of the principles of natural justice which goes beyond 2 controversy now in view of the fresh show cause notice dated 7.4.2011. The petitioner has already filed its reply to the same. The second submission is that the impugned order dated 1.4.2011 does not make any reference to any deficiency in discharge of its obligations as an After Care Home. The submission therefore is that in view of the subsequent show cause notice, the impugned order per se stands vitiated. Allegations have further been made of an engineered attempt to oust the petitioner by fabricating the aforesaid communication at the behest of third persons. Had there been an enquiry the truth would have surfaced. Learned counsel for the State submits from the show cause notice dated 7.4.2011 that it is more than manifest that the impugned order dated 1.4.2011 was only a recommendation and has not attained finality. In view of the stand of the State itself that the impugned order dated 1.4.2011 was only an expression of opinion with regard to a desired further course of action and that a show cause notice has been issued on 7.4.2011, there is no occasion for the Court to interfere at this stage. The petitioner is stated to have filed its reply. Let the District Magistrate, Katihar grant a personal 3 hearing to the petitioner and after consideration of their defence, including a further enquiry in the matter from the department of Social Welfare, Government of Bihar, take a final decision within a maximum period of one month from the date of receipt/presentation of a copy of this order. Considering that the matter relates to human beings in an After Care Home, the Administration is considered to be the best judge of the circumstances of the necessities that may be required on the spot. The Court therefore does not consider it proper to pass any positive orders of a nature of status quo ante at this stage and leaves it to the State to act in a fair and reasonable manner both with regard to the interest of the petitioner and the inmates during interregnum. The application stands disposed. KC ( Navin Sinha, J.)