IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15371 of 2011 1. Shambhu Lal Ram Aged About 49 Years S/O Latejagai Ram R/O Village- Surhattha, Post Office- Bibipur, Police Station- Belsar O.P., District- Vaishali, Hazipur Versus 1. The State Of Bihar Through Principal Secretary, Rural Development Department, Government Of Bihar, Patna 2. The Principal Secretary, Rural Development Department, Government Of Bihar, Patna 3. The District Magistrate, Vaishali, Hazipur 4. The Deputy Development Commissioner (Ddc), Vaishali, Hazipur 5. The District Engineer, Zila Parishad, Vaishali, Hazipur 6. The Sub-Divisional Officer, Mahua, Vaishali, Hazipur 7. The Block Development Officer, Vaishali, Hazipur 2 26.9.2011 The petitioner, who is a P.D.S. dealer within Sourhatha Block in the district of Vaishali, seeks quashing of the order dated 3.8.2011 contained in memo no.55 passed by the District Engineer, Vaishali whereby he has been directed to refund the value of undistributed rice under SGRY Scheme at the APL rate. The petitioner submits that he had lifted 860 quintals of rice under SGRY Scheme, out of which he had distributed 820 quintals of rice against permits and at the most 40 quintals of undistributed rice remains with him. 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 2 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 either deposit 40% of the value of 40 quintals of undistributed rice, as claimed by him, 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 petitioner, if he wants to deposit the value of rice or rice itself in excess of 40%. KHAN (S. P. Singh, J.)