IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15624 of 2011 Bechu Ram Versus The State Of Bihar & Ors with CWJC No.15625 of 2011 Baidyanath Prasad Versus The State Of Bihar & Ors with CWJC No.15884 of 2011 Ekbal Prasad Rai Versus The State Of Bihar & Ors with CWJC No.15887 of 2011 Amar Nath Pandey Versus The State Of Bihar & Ors ----------- 2/ 13.10.2011 The petitioners, who are P.D.S. dealer within Chanpatiya Block in the district of West Champaran, pray for quashing respective demand notice, whereby they have been directed to pay the difference of amount of undistributed rice calculated at the rate of Rs.13.70 per kg., which was earlier paid in full by the petitioners at the rate of Rs.8.78 per kg. demanded as per Annexures- 2 Series. The petitioners submit that earlier they were directed to pay the value of undistributed rice at the rate of Rs. 8.78 per kg. and they have deposited the entire value of undistributed rice at aforesaid rate. The petitioners submit that now vide Memo dated 16.08.2011 the Block Development Officer, Chanpatia is asking to pay the difference of values of undistributed rice, as they are now demanding the value of rice at the rate of Rs.13.70 2 per kg. It appears that from the writ petitions that petitioners have paid the value of entire undistributed rice as claimed by the respondents at the rate of Rs.8.78 per kg., as demanded earlier and now the respondents are asking for payment of difference of amount by raising the rate to Rs.13.70 per kg. The petitioners submit that the rice allotted under SGRY Scheme is to be distributed only against the permits to be issued by the authority. As sufficient permits were not issued by the authority, a large quantity of rice remained undistributed on account of no fault of the petitioner. Learned counsel further submits that the rice is a perishable commodity and as the storage system is weak in the villages, much of it got destroyed and the petitioners have some how repaid the entire value of rice by arranging fund. As the petitioners have paid the entire value of rice demanded earlier vide Annexure-2 Series, no coercive steps would be taken against them. In the facts and circumstances of the case, the respondents would not make a demand for payment of such rice at the enhanced rate of Rs.13.70 per kg. This Court has not expressed any opinion whether the petitioners have paid the entire value of undistributed rice at the rate of Rs.8.78 per kg. or not. In case, the respondents finds that petitioners have paid the entire value of undistributed rice at the rate of Rs.8.78 per kg., they will not insist for any further 3 demand from the petitioners. These applications are allowed to the extent mentioned above. Uday/ (Samarendra Pratap Singh, J.)