IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17468 of 2011 1. Brihaspati Paswan Late Rupan Paswan Village Bhaluahi, Panchayat Manjhauli, Prakhand Imamganj, P.S. Kothi, Dist. Gaya. Versus 1. The State Of Bihar 2. The Deputy Development Commissioner, Gaya 3. The Sub Divisional Officer, Sherghati, Gaya. 4. The Block Development Officer, Imamganj, Gaya. 5. The Panchayat Secretary Manjhauli Gram Panchayat, Imamganj, Dist. Gaya. 6. The Mukhiya, Manjhauli Gram Panchayat, Imamganj, Gaya. 2 25.11.2011 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 12 of the writ petition. The petitioner, who is a P.D.S. dealer at Imamganj block in the district of Gaya, seeks quashing of the notice dated 10.8.2011 issued by the Subdivisional Officer, Sherghati, Gaya whereby he has been directed to refund a sum of Rs.1,43,850/- towards the value of undistributed rice to the tune of 105 quintals allotted under S.G.RY. Scheme and a sum of Rs.1,43,850/- towards the value of undistributed rice to the tune of 105 quintals allotted under FFW Schemes at the A.P.L. rate of Rs.13.75 per Kgs. The petitioner disputes the quantity of rice that remains with his possession. He states that in fact 113 quintals of rice had been allotted to him under SGRY Scheme, out of which he had distributed 63 quintals of rice as per valid permits and only 50 quintals of rice remains with him. Similarly, under FFW scheme he had been allotted 105 quintals of rice, out of which he had distributed 81 quintals of rice as per valid permits and as such only 24 quintals of rice remains with him. Thus, the petitioner submits that only 74 quintals of rice under both the schemes remains with 2 KHAN him Learned State counsel submits that the submission of the petitioner is subject to the verification. 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. 711of 2011 and C.W.J.C. No. 757 of 2011 would also govern the instant writ petition. This 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 deposit 15% of the value of undistributed rice (74 quintals) at Rs.10 per Kg. or the rice itself, if already not deposited within six weeks from today. The petitioner should also file a representation raising his grievance before the Subdivisional Officer, Sherghati, Gaya within four weeks from today which would be disposed of by the authority concerned within further ten weeks. In the meanwhile, no coercive steps would be taken against the petitioner. (S.P.Singh,J)