IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13902 of 2011 1. Lakshman Paswan, Aged About 58 Years S/O Late Jagdeo Paswan R/O Vill.-Laxmipur, P.S.-Mahua, Block-Mahua, Distt.-Vaishali, Hazipur. 2. Bhola Singh S/O Late Jugeshwar Singh R/O Vill.- Mahzama, P.S.-Mahua, Block-Mahua, Distt.-Vaishali, Hazipur. 3. Ram Babu Paswan S/O Late Sahdeo Paswan R/O Vill.-Laxmi Narayanpur, P.S.-Mahua, Block-Mahua, Dist.-Vaishali, Hazipur. Versus 1. The State Of Bihar. 2. The District Magistrate, Vaishali (Hazipur). 3. Deputy Development Commissioner, Vaishali, Hazipur. 4. The Sub Divisional Officer, Mahua, Vaishali. 5. The Block Development Officer, Mahua Block, Distt.- Vaishali (Hazipur). ---------------------------------- 2 08.09.2011. All the three petitioners are PDS dealers within the Mahua block of VAishali district. They seek quashing of Memo no. 1017 dated 28/6/2011, whereby they have been directed to return undistributed rice at APL rate. Petitioner no.1 has been directed to pay Rs.25,81,641.70 (approx) for 1884.410 quintal rice at the rate of Rs.13.70 per kilogram, whereas he states that he has already deposited Rs. 50,000/- vide receipt dated 5.8.2011, Annexure 3. With respect to other petitioners, the notice does not specify the quantity of rice either allotted to them or the quantity which has remained undistributed with them. In the facts of the case, petitioner no.1 would 2 file a detailed representation stating his claim before the Block Development Officer, Mahua who will dispose of the representation by speaking order within two months. Till then no coercive steps would be taken against him, subject to payment of 10 percent of undistributed rice at Rs.10/- per kilogram within six weeks. So far as petitioner nos. 2 and 3 are concerned, the Block Development Officer would issue fresh notice specifying the quantity of rice that would remain undistributed with them within four weeks from the date of receipt/production of a copy of this order. These petitioners would file their objection, if any within further four weeks, which would be disposed of by the authorities within further four weeks. Till then no coercive steps would be taken against petitioner nos. 2 and 3, provided they deposit Rs.25,000/- each within four weeks. Shashi. (Samarendra Pratap Singh, J.)