IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17864 of 2011 1. Anirudh Singh S/O Sri Chandeshwar Singh R/O Village- Jalalpur, P.S.- Manjhagarh, District- Gopalganj Versus 1. The State Of Bihar 2. Dy. Development Commissioenr-Cum-Chief Executive Officer, Gopalganj 3. The District Engineer, District Board, Gopalganj 4. The S.D.O., Gopalganj 5. The Block Development Officer, Manjhagarh, Gopalganj 2 18.11.2011 The petitioner who is a P.D.S. dealer within Manjhagarh block in the district of Gopalganj prays for quashing the letter dated 16.9.2011 contained in memo no.1408 issued by the Deputy Development Commissioner, Gopalganj in terms of letter no.70415 dated26.8.2011 issued by the Principal Secretary, Rural Development Department, Government of Bihar directing the S.D.O. to institute the F.I.R. and cancel the licence of P.D.S. dealers against whom more than Rs.4 lacs or more amount is pending for realization of price of undistributed rice at APL rate. The petitioner submits that it would appear from the chart prepared by the District Rural Development Agency that the total dues against the petitioner is Rs.1,61,180.50 paise towards the value of undistributed rice to the tune of 117.650 quintals allotted under the SGRY scheme. The petitioner submits that even assuming that the entire chart prepared by the respondent authorities are true, still the due against the petitioner would be much less than Rs.4 lacs. 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 2 KHAN 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. This 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 would either deposit the 25% of the value of 117 quintals of undistributed rice at Rs.10 per Kg. or the rice itself, if already not deposited within two months. If the petitioner files a representation before the S.D.O., Gopalganj within two months from today stating therein that even as per the chart prepared by the respondent authorities the amount due against him is much less than Rs.4 lacs and as such he would not come within the purview of letter dated 16.9.2011 contained in memo no.1408 issued by the Deputy Development Commissioner, Gopalganj and further he has deposited 25% of the value of undistributed rice as directed by this court, the same would be disposed of in accordance with law within a period of three months from the date of its filing. Till then, no coercive steps would be taken against the petitioner. (S.P. Singh,J) 3