IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20839 of 2011 1. Harendra Kumar Diwedi S/O Late Janardhan Diwedi R/O Village- Mustafabad, P.S.- Goreakothi, District- Siwan 2. Jai Prakash Singh S/O Dhruv Narain Singh R/O Village- Chainpur, P.S.-Greakothi, District- Siwan 3. Ramjee Singh S/O Late Shiv Shankar Singh R/O Village- Jamo, P.S.- Jamo, District- Siwan 4. Yogendra Prasad S/O Late Nathuni Prasad R/O Village- South Sarari, P.S.-Goreakothi, District- Siwan Versus 1. The State Of Bihar 2. The District Magistrate, Siwan 3. The Block Development Officer, Goreakothi, District - Siwan 4. The Deputy Development Commissioner, Siwan 5. The Officer Incharge, Goreakothi, Police Station - Goreakothi, District- Siwan 2 2.12.2011 The petitioners, who are PDS dealers, pray for quashing the letter no.630/II dated 4.11.2011 and 634/II, 635/II and 637/II all dated 9.11.2011 contained in Annexure-1 series issued by the Block Development Officer, Goreakothi, Siwan whereby they have been directed to refund the value of undistributed rice allotted under the SGRY Scheme at the APL rate. In the impugned notice the quantity of rice shown to have remained with petitioner no.1 is 368 quintals valuing at Rs.3,68,000; 534 quintals of rice valuing at Rs.5,34,000/- as against petitioner no.2; 194 quintals of rice valuing at Rs.1,94,000/- as against petitioner no.3 and 294.29 quintals of rice valuing at Rs.2,94,290 as against petitioner no.4. The petitioners have disputed the quantity of rice allotted and distributed by them. The petitioners have given detailed in paragraph 9 of the writ petition, from perusal of which it would appear that 135.60 quintals of rice remains undistributed with 2 petitioner no.1; the petitioner no.2 has distributed the entire rice allotted to him; 141.12 quintals of rice remains undistributed with petitioner no.3 and 160 quintals of rice remains undistributed with petitioner no.4. 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. 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 no.1 would deposit 20% of the value of 135 quintals of rice and petitioner no.3 would deposit 20% of value of 141 quintals of rice at Rs.10 per Kg. or the rice itself, if already not deposited within six weeks from today. The petitioner no.4 as against undistributed 160 quintals of rice had already deposited a sum of Rs.38,000/- which is more than 20% of the value of undistributed rice at Rs.10 per Kgs. The Block Development Officer, Goreakothi, District Siwan would accept the amount tendered by the petitioner nos.1 and 3 either in form of cash or Bank draft. The petitioners should also file representations raising their 3 grievances before the Block Development Officer, Goreakothi, District Siwan within six weeks from today which would be disposed of by the authority concerned within further ten weeks. In the meanwhile, no coercive steps would be taken against the petitioners. KHAN (S.P. Singh,J)