IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4957 of 2011 Bhawesh Kumar Bhaskar S/O Sri Satya Deo Yadav R/O Vill.- Kaithwar Tola, Tardih, Police Station- Sakatpur, Distt.- Darbhanga Versus 1. The State Of Bihar 2. The District Magistrate, Darbhanga 3. The Additional Collector, Darbhanga 4. The District Development Commissioner, Darbhanga 5. The Sub-Divisional Officer Sadar, Darbhanga 6. The Block Development Officer, Tardih, Police Station Saketpur, Distt.- Darbhanga 7. Officer-in-charge, Saketpur Police station, District -Darbhanga ----------------- 2. 18.11.2011. In view of submissions of the petitioner, let Officer-in-charge, Saketpur Police station, District Darbhanga be added as opposite party no.7. The petitioner has filed the instant application for modification of order dated 26.9.2011, passed in C.W.J.C.No. 15117/2011, whereby while granting interim protection, the petitioner was directed to pay 20% of the value of undistributed rice at the rate of Rs.10/- per kilogram, or the rice in its present form. The petitioner submits that respondents did not take back the unutilized rice, rather they left the same with him for 4 to 5 years. He submits that the grains rusted over the years. The flood too played havoc in the area. Petitioner has referred letter dated 2.1.2009 bearing memo no. 19 contained in Annexure 6, addressed by the Block Development Officer, Tardih to 2 Sub-Divisional Officer, Sadar, Darbhanga. In the letter, the Block Development Officer stated that the block was badly affected by flood in 2002, 2004 and 2007 and as such the possibility of availability of rice would be bleak. The Sub Divisional Officer agreed with the views expressed by Block Development Officer, Tardih to the In-charge, Deputy Collector, Public Grievance Cell, Darbhanga in his letter dated 2.3.2009 bearing memo no. 2931 recommending exemption of the petitioner from any liability. In view of Annexures 6 and 7, the matter is referred to the Deputy Development Commissioner, Darbhanga respondent no.4 for his consideration. The Deputy Development Commissioner, Darbhanga should dispose of the matter regarding liability of petitioner to pay the value of undistributed rice within three months from the date of receipt/production of a copy of this order. Till then, no coercive steps would be taken against the petitioner. Modification petition is thus disposed of. Shashi. (Samarendra Pratap Singh,J.)