IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15105 of 2011 Hridyanand Prasad, S/O Late Devnarayan Prasad, R/O Vill.- and P.O.- Gudara, P.S.- Manjhaulia, Distt.- West Champaran. . . . Petitioner. Versus 1. The State of Bihar through the Deputy Development Commissioner, District Village Development Agency, Betia, Distt.- West Champaran. 2. The Block Development Officer, Majhaulia, Distt.- West Champaran. . . . . . Respondents. ----------- 2/ 26.09.2011 The petitioner, who is a P.D.S. dealer within Majhaulia Block in the district of West Champaran, prays for quashing Memo nos. 801 and 802 dated 06.08.2011, issued by Block Development Officer, Majhaulia, whereby he has been directed to refund a sum of Rs.1,39,728/- towards the value of undistributed rice at the rate of Rs.13.70 per kg. The petitioner submits that if the authorities would have calculated the value of rice at BPL rate the value of rice would have come to about Rs.70,000/-. He further submits that even if the values is calculated at a moderate rate of Rs.10/- per kg., still it would be found that petitioner has deposited 90 % of the value of undistributed rice. Heard learned counsel for the petitioner and the State. It appears that the petitioner deposited a sum of Rs.1,11,690/- against demand of Rs.1,39,728/- at the rate of Rs.13.70 per kg. It is not in dispute that the scheme came to an end in the year 2006 and the respondents also did not take back the unutilized rice. The petitioner submits that various audits conducted in these types of cases would show that the rice over a period of five years generally rust. 2 In view of the aforesaid facts that as the petitioner has already refunded over 90% of the value of undistributed rice. The impugned notice is hereby quashed. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)