IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15104 of 2011 Dinanath Sah, S/O Late Ganga Sah, R/O Vill.- Mithepur (Garkha), Panchayat- Mithepur, P.S.- Gorkha, Distt.- Chapra. . . . . Petitioner. Versus 1. The State of Bihar. 2. Deputy Development Commissioner-Cum-Executive Officer, Chapra. 3. The Block Development Officer, Garkha, Chapra. 4. The Officer incharge, Garkha police station, District- Saran at Chapra. . . .Respondents. ---------------------------------- 2/ 28.09.2011 Learned counsel for the petitioner is permitted to make Officer-in-charge, Garkha police station in the district of Saran as respondent no.4. The petitioner, who is a P.D.S. dealer within Garkha Block in the district of Saran at Chapra, prays for quashing Memo dated 30.06.2011, issued by Block Development Officer, Garkha, whereby he has been directed to refund Rs.11,68,283/- towards the value of undistributed rice to the tune of 1278.21 quintals allotted under SGRY Scheme at A.P.L. rate. The petitioner disputes the quantity of rice that was allotted to him and that has remained with him undistributed. According to the petitioner he lifted 2373.98 quintals of rice and distributed 1887.22 quintals of rice and only 486.76 quintals of rice would remain in his stock. The petitioner in paragraph 10 of the writ application states that he has already deposited Rs.2,50,000/- in favour of Deputy Development Commissioner, Chapra on 13.08.2011. Earlier similar matters had come up before this Court in C.W.J.C. No. 711 of 2011 (Awadh Prasad Singh Vs. The State 2 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 10% of the value of 486.76 quintal of undistributed rice at Rs.10 per Kg. or the rice itself, if already not deposited within six weeks. The representation filed by the petitioner would be disposed of within a further period of 10 weeks. Uday/ (Samarendra Pratap Singh, J.)