IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17370 of 2011 1. Chandeshwari Mehta Son Of Daurik Mehta Resident Of Village + Panchayat Kadhaiya, P.S. - Saur Bazar, District - Saharsa. 2. Indra Narayan Sah Son Of Late Sokhi Sah Resident Of Village + Panchayat Kadhaiya, P.S. - Saur Bazar, District - Saharsa. 3. Nand Kishore Yadav Son Of Sri Baldeo Yadav Resident Of Village + Panchayat Kadhaiya, P.S. - Saur Bazar, District - Saharsa. 4. Gajendra Yadav Son Of Bhola Prasad Yadav Resident Of Village + Panchayat Gamaharia, P.S. - Saur Bazar, District - Saharsa. 5. Deo Narayan Yadav Son Of Jagdish Yadav Resident Of Village + Panchayat - Sahuria (Purvi), P.S. - Saur Bazar, District - Saharsa. 6. Sushil Kumar Son Of Jagdish Yadav Resident Of Village - Duhbi, Panchayat Sahuria, P.S. - Saur Bazar, District - Saharsa. 7. Md.Suabuddin Son Of Md.Khalil Siddique Resident Of Village - Saur Bazar, Panchayat, P.S. - Saur Bazar, District - Saharsa. Versus 1. The State Of Bihar Through Secretary, Deptt. Of Rural Development Deptt. Govt. Of Bihar, Patna. 2. Special Secretary, Department Of Rural Development, Government Of Bihar, Patna. 3. District Rural Development Agency, Saharsa - Through The Deputy Development Commissioner - Executive Office, Saharsa. 4. Block Supply Officer, Saur Bazar Block, Saharsa. ---------------------------------- 2. 17.11.2011. The petitioners who are PDS dealers, pray to quash order dated 4.7.2011, issued by the Block Supply Officer, Saharsa by which they have been directed to refund the value of unutilized rice allowed to them under the Schemes. The petitioners state that earlier they were asked to pay 2 the value of undistributed rice at the rate of Rs. 6.52/- per kilogram. Now they have been asked to pay the value of rice at the rate of Rs. 13.70/- per kilogram. The rice was allotted between 2002 to 2006 and now after 5 to 6 years the respondents are asking to return the rice or its value at present market rate. The rice being a perishable commodity has deteriorated in substance and value over the years. Furthermore, the stored rice was badly damaged by flood. In the facts and circumstances of the case, the petitioners are directed to make a detailed representation before the Deputy Development Commissioner, Saharsa, within six weeks, which would be disposed of within further three months. Till then, no coercive steps pursuant to the notice would be taken against the petitioners, provided they deposit the value of 20% of the undistributed rice at the rate of Rs.10/- per kilogram within a period of four weeks. The court has not expressed its view regarding the merits of the case. The writ petition is thus disposed of. Shashi. (Samarendra Pratap Singh,J.)