IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14812 of 2011 1. Makurdhan Prasad, son of Late Mahabir Prasad, resident of Village- Dharampur, Panchayat- Sonhula, P.S.- Guthani, Distt.- Siwan. 2. Shariff Ansari, son of Ramullah Ansari, resident of village- Mishrauli, Panchayat- Tarwakhurd, P.S. Guthani, Distt.- Siwan. . . . . . Petitioner. Versus 1. The State of Bihar 2. Deputy Development Commissioner, Siwan. 3. The Block Development Officer, Guthani, Distt.-Siwan. 4. The Officer in charge, Guthani Police Station, District- Siwan. . . . . . Respondents. ----------- 2/ 16.09.2011 Learned counsel for the petitioners is permitted to add the officer in charge, Guthani, Siwan as respondent no.4. The petitioners, who are the P.D.S. dealer within Guthani Block in the District of Saran, prays for quashing the memo no. 625 dated 08.07.2011 directing refund of value of undistributed rice under 50 % and 30 % of Sampurna Gramin Rojgar Yojana in between the years 2002 to 2006 at the revised rate of Rs.13.70 per Kg. It has been alleged that 496.97 quintals of rice is lying with petitioner no.1 and petitioner no.2 has misappropriated 377.42 quintals of rice. The petitioners refutes the claim of the respondents and submit that petitioner no.1 lifted 405.97 quintals of rice and distributed 378.40 quintals of rice and only 27.37 quintals of rice remains with him. Similarly petitioner no.2 lifted 419.38 quintals of rice and distributed 390 quintals of rice and as such 29.38 quintals of rice remains with him. Counsel for the State submits that submissions of the petitioners need verification. 2 Earlier similar matters had come up before this Court in C.W.J.C. No. 711 of 2011 (Awadh Prasad Singh Vs. The State of Bihar & Ors.) & C.W.J.C. No. 757 of 2011 (Suresh Prasad @ Raj Kumar Vs. The State of Bihar & Ors.). The aforesaid writ applications have been disposed of by order dated 06.07.2011 after noticing the submissions of learned counsel for the parties. As the facts and issues are common, the order dated 06.07.2011 passed in C.W.J.C. No. 711 of 2011 and C.W.J.C. No. 757 of 2011 would also govern the instant writ petition. The writ petition is disposed of in terms of the order dated 06.07.2011 passed in C.W.J.C. No. 711 of 2011 and C.W.J.C. No. 757 of 2011 including interim protection as mentioned therein, with the condition that the petitioner no.1 would either deposit 50% of the value of 27.37 quintals of rice and petitioner no.2 would also deposit 50 % of 29.38 quintals of undistributed rice at Rs.10 per Kg. or the rice itself within five weeks from today. The representation of the petitioners would be disposed of within further 10 weeks. Uday/ (Samarendra Pratap Singh, J.)