IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14732 of 2011 Krishna Kumar Rai @ Krishna Kumar, S/O Late Ajab Lal Rai, R/O Dharnipatti, P.S.- Patori, Distt.- Samastipur. . . . . Petitioner. Versus 1. The State of Bihar 2. Dy. Development Commissioner, Samastipur 3. The Block Development Officer -Mohanpur, Distt.- Samastipur . . . . . Respondents. ----------- 2/ 15.09.2011 Heard learned counsel for the parties. The petitioner, who is a P.D.S. dealer within Mohanpur Block in the district of Samstipur prays for quashing the order dated 13.06.2011 issued by the Block Development Officer, Mohanpur, Samastipur (respondent no.3) directing refund of undistributed rice both under SGRY Scheme and Food for Work Scheme in between the years 2004-2005 at APL rate of Rs.13.70 per Kg. The petitioner submits that the impugned notice does not give any idea regarding the quantity of rice that was either allotted to him or the quantity of rice that has remained undistributed with him. Nonetheless from the audit report dated 20.06.2011 (Annexure-2) it appears that 115.77 quintals of rice remains undistributed with petitioner under SGRY Scheme and 2.52 quintals of rice remains with the petitioner under Food for Work Scheme. The petitioner submits that the area is flood affected area. He further submits that he has deposited a sum of Rs.12,458/-. Earlier similar matters had come up before this Court in C.W.J.C. No. 711 of 2011 (Awadh Prasad Singh Vs. The State 2 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 would either deposit 15% of the entire dues pointed in the audit report at the rate of Rs.10 per Kg. or the rice itself, if already not deposited within six weeks. The respondent would dispose of the application of the petitioner within further two months. This court has not expressed any opinion regarding the quantity of rice that would remain with the petitioner. Uday/ (Samarendra Pratap Singh, J.)