IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15451 of 2011 1. Suresh Pandey, S/O Late Raghu Raj Pandey, R/O Village-Raipura, Police Station - Kateya, District – Gopalganj. 2. Adya Singh, S/O Shri Liladhar Singh, R/O Village-Bankatta, Police Station - Kateya, District – Gopalganj. 3. Sheikh Islam, S/O late Sk. Mulajim, R/O Village- Ramdas Bagahi, Police Station - Kateya, District – Gopalganj. 4. Shiv Prasad Sah, S/O Shri Sukhdeo Sah, R/O Vill. Rajapur, Police Station - Kateya, District – Gopalganj. 5. Rama Shankar Sah @ Rama Shankar Bhagat, S/O Brijnandan Bhagat, R/O Vill. Sikatiya Khas, Police Station - Kateya, District – Gopalganj. 6. Lallan Prasad, S/O Late Doma Prasad, R/O Vill. Panchdewari, Police Station - Kateya, District – Gopalganj. 7. Sushila Devi, W/O Sudhir Rai, R/O Vill. Motipur, Police Station - Kateya, District – Gopalganj. 8. Upendra Singh @ Upendra Kumar Singh, S/O Late Deo Nath Singh, R/O Vill. - Bhagipatti Jheeel, Police Station - Kateya, District – Gopalganj. 9. Deota Rai, S/O Late Baban Rai, R/O Vill. Beladih Gaura, Police Station - Kateya, District – Gopalganj. 10. Saral Sah, S/O Raj Bali Sah, R/O Bhringichawk, Police Station - Kateya, District – Gopalganj. 11. Jai Ram Gupta, S/O Prasad Sah, R/O Vill. Bhringichawk, Police Station - Kateya, District – Gopalganj. 12. Anand Dubey @ Anand Kumar Debey, S/O Shri Baleshwar Dubey, R/O Vill. Bhore, Police Station - Bhore, District – Gopalganj. 13. Baban Ram, S/O Late Krishnadeo Ram, R/O Vill. Chakarwa Khas, Police Station - Bhore, District – Gopalganj. 14. Akhilesh Tiwari, S/O Ram Surat Tiwari, R/O Vill. Belahi Khas, Police Station - Kateva, District – Gopalganj. . . . . . Petitioners. Versus 1. The State of Bihar through the Principal Secretary, Rural Development Department, Govt. of Bihar, Patna. 2. The Secretary, Food and Consumer Protection Department, Govt. of Bihar, Patna. 3. The District Magistrate, Gopalganj. 4. The Deputy Development Commissioner, Gopalganj. 5. The Superintendent of Police, Gopalganj. 6. The Sub - Divisional Officer, Hathua, District – Gopalganj. 7. The Programme Officer, Bhore, District – Gopalganj. 8. The Programme Officer, Kateya, District – Gopalganj. 9. The Programme Officer, Panchdeori, District – Gopalganj. 10. The Block Development Officer, Kateya Block, District – Gopalganj. 11. The Block Development Officer, Bhore Block, District – Gopalganj. 12. The S.H.O. Kateya Police Station, District – Gopalganj. 13. The S.H.O. Bhore Police Station, District- Gopalganj. . . . . Respondents. ---------------------------------- 2/ 19.10.2011 The petitioners, who are 14 in number, are P.D.S. dealers 2 within Kateya Block in the district of Gopalganj. They pray for quashing demand notice bearing letter no. 7848 dated 30.06.2011, whereby they have been directed to refund the value of undistributed rice at the rate of Rs.13.70 per kg. allotted under SGRY Scheme. The petitioners submit that the demand notice does not state either the quantity allotted to the petitioners or the quantity for which permits has been issued or the quantity that would remain with them. On the other hand, the petitioners have filed second supplementary affidavit providing a chart, which is quoted herein below: Peti- tioner No. Finan- cial year Allotted Food grains in quin. Distrib- uted food grain in quin. Undistri- buted food grains in quin. Amount Depos- ited 1. 2006-07 2007-08 301.78 112.78 189 Nil 2. 2001-02 to 2009-10 982.50 669.50 313.50 Nil 3. 2006-07 to 2009-10 343.05 115.00 228.05 Nil 4. 2001-02 to 2007-08 1251 930.80 321.20 Nil 5, 2008-09 to 2009-10 1274.73 312.64 962.08 1,83,000 6. 2008-09 to 2009-10 1081.32 410.32 671.00 1,52,550 7. 2008-09 to 2009-10 437.58 289.58 148.00 Nil 8. 2006-07 to 2007-08 681.93 610.84 71.09 14,125 9. 2007-08 to 2008-09 378 246 132 Nil 3 10 2007-08 to 2008-09 278 143 135 Nil 11. 2001-02 to 2008-09 1309 652.13 657.87 Nil 12. 2001-02 to 2008-09 4487 2717 2170 70,000 13. 2001-02 to 2008-09 1145.68 527.50 618.18 Nil 14. 2001-02 to 2008-09 2053.46 1674.05 1279.41 Nil Counsel for the State submits that the chart prepared by the petitioners would be subject to verification. The writ petition is 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 petitioners would deposit 20 % of the value of rice of the respective quantity that remained undistributed as claimed by them in the chart above or the rice itself. The representation filed by the petitioners would be disposed of within a further period of 10 weeks. This Court has not expressed any opinion on the validity of claim made by the petitioners. Uday/ (Samarendra Pratap Singh, J.)