IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11687 of 2011 1. MD.SADRUDDIN KHAN @ SADRUDDIN KHAN VILLAGE DALANPURAB, POLICE STATION AND DISTRICT KATIHAR 2. CHANDRA SHEKHAR MANDAL, VILLAGE SIRANIYA WEST, POLICE STATION AND DISTRICT KATIHAR 3. DURGA PRASAD SAH, KATIHAR PANCHAYAT, POLICE STATION AND KATIHAR 4. SHYAMANAND AZAD VILLAGE SIRANIYA WEST POLICE STATION AND DISTRICT KATIHAR 5. MOHAMMAD RUSTAM KHAN, VILLAGE DALAN WEST POLICE STATION AND DISTRICT KATIHAR 6. MD RAFIQUE ALAM DALAN WEST 7. SHEIKH WAZIR VILLAGE GARBHELI, POLICE STATION KATIHAR MUFASSIL 8. ARJUN DWIVEDI VILLAGE DALAN WEST 9. SURENDER SRIVASTAVA VILLAGE SIRANIYA EAST POLICE STATION DISTRICT KATIHAR 10. ASHOK KUMAR SINGH UDAMARAKHA, POLICE STATION KATIHAR M 11. MD SAMSUL HAQUE SHARIFGANJ, POLICE STATION AND DISTRICT KATIHAR 12. YOGENDRA PRASAD RAJAK, VILLAGE KADAIPURA, POLICE STATION AND DISTRICT KATIHAR AND 13. SUGANAND SAH VILLAGE BHOBARA Versus 1. THE STATE OF BIHAR 2. DEPUTY DEVELOPMENT COMMISSIONER KATIHAR 3. SUB DIVISIONAL OFFICER, KATIHAR 4. THE MARKETING OFFICER, KATIHAR 5. THE DISTRICT PROGRAMME OFFICER, KATIHAR 6. THE BLOCK DEVELOPMENT OFFICER KATIHAR. ----------- 2. 28.07.2011. All the petitioners pray for quashing orders dated 14.6.2011 & 17.6.2011, whereby they have been directed to refund the undistributed rice given to them under the Sampurna Gramin Rojgar Yojana (in short the Yojana) at the APL rate of Rs. 13.70/kg. The petitioners are PDS dealers within the district of Katihar. They submit that under the Yojana they had been 2 given certain quantity of rice for its distribution against issuance of the permits. Under the Yojana, petitioners were to distribute rice to those who had been issued permits by the respondents. The petitioners submit that now after lapse of 5 years, the respondents are demanding back the undistributed rice at APL rate of Rs.13.70/- per kg, though they did not bother to take back the same all these years. They submit that the rice is a perishable commodity and has rusted over the years and thus lost its value. Petitioners further submit that during pendency of the writ petition, certificate proceedings have also been initiated against some of them, namely, petitioner nos. 2,3,5 8 to 11 and 13. As the similar issues have been disposed of in terms of order dated 6.7.2011, passed in C.W.J.C.Nos 711 & 757 of 2011, as such, I dispose of the instant writ petition in the same terms with the condition that the petitioners would deposit 20% price at the rate of Rs.10/- per Kg or the rice of the same value within six weeks from today. Pending final hearing, no coercive steps would be taken against the petitioners. In case, no representation is filed by the petitioners before the Sub Divisional Officer or the officer concerned within the aforesaid one month, the 3 latter would be at liberty to pass appropriate order. With the aforesaid observations and directions, these writ applications are disposed of. Shashi. (Samarendra Pratap Singh,J.)