IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13447 of 2011 Surya Narayan Mahto, S/O Late Ram Prasad Mahto, R/O Vill.- Barhi, P.S.- Keoti, Distt.- Darbhanga. Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Food and Supply Department, Govt. of Bihar, Patna. 2. Deputy Development Commissioner, Darbhanga 3. The District Magistrate, Darbhanga 4. The Sub-Divisional Officer, Darbhanga 5. The District Supply Officer, Darbhanga 6. The Marketing Officer, Darbhanga 7. The Block Development Officer, Keoti, Darbhanga 8. The Block Supply Officer, Keoti, Darbhanga. Respondents. ----------- 2/ 26.08.2011 The petitioner, who is licensee under the Public Distribution System (Control) Order, 2001 pray for quashing the memo issued by the concerned authorities, directing refund of value of undistributed rice under 50 % and 30 % of Sampurna Gramin Rojgar Yojana in between the years 2002 to 2006 at APL rate. The petitioners submit that their location fall in area which has been devastated by flood in 2007. Learned counsel for the petitioner submits that on 23.04.2008 when the petitioner was engaged in distribution of K. Oil some altercation took place and the villagers mainly the women were lit the fire in the house and shop, for which an F.I.R. bearing Keoti P.S. case no. 32 of 2008 dated 24.04.2008 under Section 436/435 of I.P.C. was instituted. In the aforesaid case, the police after investigation submitted charge-sheet. In this view of the matter a lenient view may be taken. 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 2 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 in these writ applications as well. The writ application is accordingly 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 in present form within ten weeks from today. 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 10%. Uday/ (Samarendra Pratap Singh, J.)