IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13498 of 2011 Mahesh Paswan Versus The State Of Bihar & Ors 2 24.8.2011 The petitioner seeks quashing of the order dated 4.8.2011 contained in memo no.1887 issued by the Block Development Officer, Bibhutipur by which the petitioner has been asked to deposit the undistributed rice at APL rate. The petitioner is a P.D.S. dealer in Bibhutipur Block in the district of Samastipur having licence no.144/2007. The petitioner states that under S.G.R.Y. Scheme he lifted 429.28 quintals of rice in the year 2005-06 and distributed 306.90 quintals of rice and as such the left over stocks of rice as per the impugned order is 122.38 quintals. Similarly, the petitioner also lifted 1308.84 quintals of rice under NFFW (Food for work) programme and distributed rice to the tune of 492.64 quintals. The authorities now allege that the petitioner has misappropriated 816.20 under NFFW programme and has directed the petitioner to deposit the same at APL rate. The petitioner states that vide memo no.1208 dated 5.7.2008 he was directed to refund the value of 120 quintals of undistributed rice at BPL rate and in pursuance thereof he has deposited a sum of Rs.50,000/-. Thereafter, by impugned letter no.1887 dated 4.8.2011 the petitioner has been directed to refund the undistributed rice at APL rate of Rs.13.70 whereas earlier he has been asked to refund the undistributed rice at BPL 2 KHAN rate vide memo no. 1208 dated 5.7.2008 issued by the B.D.O., Bibhutipur. It appears that the petitioner has refunded a sum of Rs.50,000/- in terms of Annexure-2 which would be adjusted against equivalent value of undistributed rice remained with the petitioner. 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 in this writ application 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 15% 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 15%. (S.P.Singh,J) 3