IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14775 of 2011 1. Md. Ekhteshar S/O Late Ahmad Hussain R/O Vill. & Post- Sonkola, P.S.- Abadpur, Distt.-Katihar 2. Bibi Rahima Khatoon W/O Md. Salimuddin R/O Vill.-Gondhra, P.O.- Ganjan, P.S.- Barsoi (O.P. Kachna), Distt.-Katihar 3. Md. Shamsuddin S/O Late Abdul Hakim R/O Vill.- Kuchidangi, P.O.- Batna, P.S.- Barsoi (O.P. - Kachna), Distt.- Katihar Versus 1. The State Of Bihar Through The Principal Secretary Department Of Rural Development, Govt. Of Bihar, Patna 2. The Deputy Development Commissioner Cum Chief Executive Officer Zila Gramin Vikas Abhikaran, Katihar, Distt.-Katihar 3. Block Programme Officer, Barsoi Block, Katihar 4. The District Manager, Bihar State Food Corp., Katihar, Distt.-Katihar 5. The Sub Divisional Officer, Sub Division Barsoi, Distt.-Katihar 6. The Block Development Officer, Barsoi, Katihar 2 14.9.2011 The petitioners, who are P.D.S. dealers within Barsoi in the district of Katihar, seeks quashing of the order dated 3.12.2010 contained in memo no.1138 passed by the Deputy Development Commissioner, Katihar whereby they have been directed to refund the value of undistributed rice to the tune of 170 quintals, 71 quintals and 675 quintals respectively at the APL rate. 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. 2 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 and 2 would either deposit 20% of the value of undistributed rice at Rs.10 per Kg. or the rice itself, if already not deposited within two months and petitioner no.3 would deposit 10% of the value of undistributed rice at Rs.10 per Kgs or the rice itself. This order would not come in the way of petitioners, if they want to deposit the value of rice or rice itself in excess of 20% and 10% respectively. KHAN (S. P. Singh, J.)