IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14200 of 2011 Surendra Rajak S/O Late Laxman Rajak, R/O Vill.-Taranpur, P.S.- Paliganj, Distt.-Patna. . . . . . Petitioner. Versus 1. The State Of Bihar. 2. The Deputy Development Commissioner-Cum-Chief Executive Officer, Patna. 3. The Block Development Officer, Paliganj, Patna. . . . . Respondents. ---------------------------------- 2/ 30.08.2011 Heard learned counsel for the parties. The petitioner is a P.D.S. dealer within Paliganj Block in the district of Patna. The petitioner was allotted food-grains to be distributed against the permits issued by the authority under SGRY Scheme. There is dispute between the petitioner and the respondent authorities regarding the quantity of rice lifted by the petitioner and the quantity of rice that would remain undistributed with him after distributing the same against the permits issued by the authority. The petitioner submits that he lifted only 106.95 quintals of rice whereas the State counsel insists that the petitioner has lifted 953.41 quintals of rice. The petitioner submits that he has distributed 79.50 quintals and not 610.49 quintals of rice, as claimed by the authority. The petitioner submits that the quantity of rice that remains with him is only 26.90 quintals, which fact is controverted by the learned counsel for the State. There is controversy regarding the quantum of rice allotted, issuance of permits, and the quantity of rice that has remained undistributed with the petitioner. In the facts and circumstances of the case, I remit the 2 matter to the Deputy Development Commissioner-cum-Chief Executive Officer, Patna to pass appropriate order in this matter within three months from the date of receipt of a copy of this order along with the representation of the petitioner. The petitioner must file his representation before the Deputy Development Commissioner, Patna within five weeks from today. Thereafter the Deputy Development Commissioner, Patna would dispose of the representation preferably within a period of 10 weeks. In the meantime, no coercive steps would be taken against the petitioner subject to deposit of 25 % of 26.90 quintals of rice or value of rice at the rate of 10 per kg. This order would in no way be construed that the court has arrived at the conclusion that only 26.90 quintals of rice has remained with the petitioner. It is for the respondents concerned to ascertain the quantity of rice that has been allotted and the balance that remained with the petitioner. This application stands dispose of. Uday/ (Samarendra Pratap Singh, J.)