IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15312 of 2011 Bindeshwar Kumar, S/O Late Shiv Lal Mahto, R/O Village Basauna, Panchayat- Bushwar, P.S.- Vibhutipur, District- Samastipur. . . . . . Petitioner. Versus 1. The State of Bihar 2. Deputy Development Commissioner, Samastipur. 3. The Block Development Officer, Bibhutipur, District- Samastipur. 4. The officer incharge Bibhutipur police station, District- Samastipur. . . . . . Respondents. ---------------------------------- 2/ 28.09.2011 Learned counsel for the petitioner is permitted to add the officer-in-charge, Bibhutipur police station as respondent no.4. The petitioner, who is a P.D.S. dealer within Bibhutipur Block in the district of Samastipur, prays for quashing Memo no.1964 dated 12.08.2011, issued under the signature of Block Development Officer, Bibhutipur, respondent no.3, whereby he has been directed to refund Rs.20,19,380/- towards the value of undistributed rice allotted under Food for Work Scheme at A.P.L. rate. Learned counsel submits that earlier the value of the food-grains was estimated to Rs.9,69,862/- at BPL rate vide Memo no.2435 dated 28.11.2008. The petitioner disputes the quantity of rice that was actually allotted to him and the quantity that has remained undistributed. The petitioner submits that as against allotment of 1650 quintals of rice, he lifted only 428.68 quintals of rice and distributed 176 quintals of rice and only 252.68 quintals of rice remains in his stock. The petitioner submits that the area is flood 2 affected. 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 10% of the value of undistributed rice at Rs.10 per Kg. or the rice itself, if already not deposited within six weeks from today. The representation of the petitioner would be disposed of within a period of 10 weeks thereof. Uday/ (Samarendra Pratap Singh, J.)