IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14149 of 2011 1. Kamesh Choudhary S/O Rameshwar Choudhary R/O Vill.- Siwasingpur, P.S.- Mohaddin Nagar, Distt.- Samastipur Versus 1. The State Of Bihar 2. The Deputy Development Commissioner- Cum- Chief Executive Officer Samastipur 3. The Block Development Officer Mohiuddinnagar, Samastipur ---------------------------------- with Civil Writ Jurisdiction Case No.14161 of 2011 1. Amarnath Ray S/O Late Dwarika Ray R/O Vill.- Rajasi, P..S- Mohadddin Nagar, Samastipur Versus 1. The State Of Bihar 2. The Deputy Development Commissioner-Cum-Chief Executive Officer, Samastipur 3. The Blcok Development Officer, Mohiuddinnagar, Samastipur ---------------------------------- with Civil Writ Jurisdiction Case No.14171 of 2011 1. Ram Nihora Thakur S/O Late Ram Yad Thakur R/O Vill.-Nandani, Siwasipur, P.S.-Mohaddinnagar, Distt.-Samastipur. Versus 1. The State Of Bihar. 2. The Deputy Development Commissioner-Cum-Chief Executive Officer, Samastipur. 3. The Block Development Officer, Mohiuddinnagar, Samastipur. 2 6.9.2011 The petitioners, who are P.D.S. dealer under Mohiuddin Nagar Block in the district of Samastipur, seeks quashing of the order dated 6.8.2011 contained in memo no.847 issued by the Block Development Officer, Mohiuddin Nagar whereby they have been directed to refund the value of the undistributed rice at APL rate. 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 & KHAN 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 petitions. These writ petitions are 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 petitioners would either deposit 15% of the value of undistributed rice at Rs.10 per Kg. or the rice itself, if already not deposited within two months. This order would not come in the way of petitioners, if they want to deposit the value of rice or rice itself in excess of 15%. (S.P.Singh,J)