IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14883 of 2011 Sudarshan Rai, S/O Late Ramdeo Rai R/O Vill.-Darihara Bhual, P.O.- Darihara, P.S.-Dariyapur, Distt.-Saran. . . . . . Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Food and Civil Supply Deptt., Govt. of Bihar, Patna. 2. The Secretary, Deptt. of Rural Development, Govt. of Bihar, Patna. 3. The District Magistrate-Cum-District Co-Ordination Officer, Saran. 4. Deputy Development Commissioner, Saran. 5. Block Development Officer, Dariyapur Block, Saran. 6. Block Supply Officer, Dariyapur, Saran. 7. Officer-in-charge, Dariyapur police station, District- Saran. . . . . . . Respondents. ----------- 2/ 16.09.2011 Learned counsel for the petitioner is permitted to add the Officer-in-charge, Dariyapur police station, District- Saran as respondent no.7. The petitioner, who is a P.D.S. dealer within Dariyapur Block in the District of Saran, prays for quashing the memo no.1851 dated 20.11.2009 read with letter no. 1347 dated 05.08.2011, directing refund of value of undistributed rice to the tune of 444.60 of quintals under 50 % and 30 % of Sampurna Gramin Rojgar Yojana in between the years 2002 to 2006 at the revised rate of Rs.13.70 per Kg. The petitioner rebuts the stand of the State that 444.60 quintals or rice has remained undistributed with him. In paragraph 8 of the petitioner it is stated that he was allotted 1761 quintals of rice under Scheme no. I and II out of which he distributed 1501.75 quintals in total. The petitioner submits that audit conducted pursuant to the order issued by the competent authority under Memo no. 559 dated 19.08.2005, a total of 130 quintals of rice has been destroyed by rats and other forces of 2 nature. He thus submits that at the most the petitioner would be liable for 1761 – 1501.75 = 259.25 quintals – 130 quintals which is equal to about 129.25 quintals. 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. 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 20% of the value of 130 quintals of as claimed by petitioner to have remained undistributed at Rs.10 per Kg. or the rice itself, if already not deposited within six weeks from today. The authorities would dispose of the representation of the petitioner within further 10 weeks. Uday/ (Samarendra Pratap Singh, J.)