IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17980 of 2011 1. Mahendra Sah S/O Late Ganpat Sah R/O Vill.- Bokane Kala, P.S.- Patahi, Distt.- East Champaran Versus 1. The State Of Bihar 2. The Principal Secretary, Rural Development Deptt., Govt. Of Bihar, Patna 3. The Collector, East Champaran, Motihari 4. The Deputy Development Commissioner, East Champaran, Motihari 5. The Block Development Officer, Motihari Sadar, East Champaran 6. The Karyakram Officer, Patahi, Distt.- East Champaran 7. The Mukhiya, Gram Panchayat Raj, Bokane Kala, Distt.- East Champaran 8. The Secretary, Gram Panchayat Raj, Bokane Kala, Distt.- East Champaran 2 14.12.2011 A supplementary affidavit has been filed on behalf of the petitioner. Let the same be kept on the record. The petitioner who is a P.D.S. dealer within Patahi Block in the district of East Champaran seeks quashing of memo no.767 dated 24.6.2011 issued by the B.D.O., Patahi, East Champaran by which he has been directed to refund a sum of Rs.2,88,485.85 and Rs.4,56,629.63 @ Rs.9.14 per Kgs towards the value of undistributed rice to the tune of 315.63 and 499.60 quintals respectively allotted under the SGRY Scheme. The petitioner submits that as per the impugned notice the total value of undistributed rice comes to Rs.7,45,114/-.The petitioner submits that from perusal of the impugned notice it would appear that only 499.40 quintals of rice remained in the stock of the petitioner which is at variance with the earlier notice in which the quantity of undistributed rice was 815.23 quintals. The petitioner had deposited a sum of Rs.3,00,000/- on 11.7.2011 and thereafter a sum of Rs.5,00,000/- on 5.8.2011 which was more than the value demanded by 2 impugned notice contained in Annexure-1. The petitioner further submits that thereafter a notice was issued to deposit the difference of amount at an enhanced rate of Rs.13.70 per Kgs. However, the petitioner even deposited the enhanced amount of Rs.3,16,858.25 on 6.9.2011 vide Annexure-8. The petitioner submits that in spite of making all payments, a certificate proceeding bearing Certificate Case No.40/Khadyan/11-12 has been initiated against him vide Annexure-7. It appears that the petitioner has deposited Rs.11,16,858.25 against demand notice of Rs.7,45,114/- contained in memo no.767 dated 24.6.2011 of respondent no.5 towards the value of 815.23 quintals of rice. Further more, the quantity of rice remaining undistributed was only 499.60 quintals as per memo no.753 dated 20.6.2011 of respondent no.5 contained in Annexure-2. It appears that demand was raised at enhanced rate of Rs.1370 per quintal which too has been paid. According to the petitioner, he has paid in excess of the due amount. I am not going into issue whether petitioner has paid in excess of amount due against him. However, in such circumstances certificate proceeding bearing Certificate Case No. 40/Khadyan/11-12 (Annexure-7) is not sustainable and is hereby quashed. In the result, this writ petition is accordingly allowed. However, it would be open for the petitioner to make a prayer for refund of the excess amount deposited by him. In case such an application is filed before the District Magistrate, East Champaran, the same would be disposed of within ten week from the date of its filing. KHAN (S.P. Singh,J)