IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17256 of 2011 Pradhan Marandi S/O Late Baranbas Marandi, R/O Village- Lachaur, P.O.-Patnore, P.S.-Balrampur, Distt.-Katihar. . . . . . Petitioner. Versus 1. The State of Bihar 2. The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna. 3. The Principal Secretary, Food and Civil Supplies, Govt. of Bihar Patna. 4. The District Development Commissioner, Katihar. 5. The Sub-Divisional Officer, Katihar. 6. The Block Development Officer, Block, Balrampur, Distt.- Katihar. 7. The Programme Officer, Block-Balrampur, Distt.-Katihar. 8. The Officer-In-Charge, Police Station-Balrampur, Distt.-Katihar. . . . . . Respondents. ---------------------------------- 2 18.10.2011. In the instant writ application, the petitioner has prayed for quashing the F.I.R. of Balrampur P.S. case no.85 of 2011 dated 07.09.2011 registered under Sections 406/420 of the I.P.C. and 7 of the Essential Commodities Act for allegedly not refunding the value of undistributed rice under SGRY Scheme. The petitioner also prays for quashing of certificate case no. 02/2011-12 pending before District Certificate Officer, Katihar instituted against the petitioner for the same allegation, for which F.I.R. has been lodged. The petitioner, who is a P.D.S. dealker within Balrampur Block in the district of Katihar. The petitioner submits that he was allotted rice for distributing the same to the persons concerned against the issuance of permits and as no sufficient permits were issued a large quantity of rice remained in the stock of various dealers including the petitioner. The petitioner further submits that 2 the respondent did not care to take back the rice for 6 to 7 years and towards the end of 2010 they woke-up and are demanding value of undistributed rice. The petitioner submits that much of the rice got rot over long period of time in storage. The petitioner submits that the area has been badly affected by the flood. Learned State counsel submits that the submission of the petitioner would be subject to the verification. 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 20% of the value of undistributed rice at Rs.10 per Kg. or the rice itself, if already not deposited within two months. Shashi. (Samarendra Pratap Singh, J.)