IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14389 of 2011 Ram Nath Choudhary S/O Late Baleshwar Chudhary, R/O Vill.- Rajajan, P.S.- Mohiuddinnagar, Distt.- Samastipur. . . . . Petitioner. Versus 1. The State Of Bihar 2. Deputy Development Commissioner-Cum-Chief Executive Officer, Samastipur 3. The Block Development Officer, Mohiuddinnagar, Samastipur. . . . . . Respondents. ---------------------------------- 2/ 09.09.2011 The petitioner is a P.D.S. dealer within Mohiuddinagar in the district of Samastipur and prays for quashing the order dated 06.08.2011 issued by Block Development Officer, Mohiuddinagar, Samastipur, whereby he has been directed to refund the value of undistributed rice to the tune of 2249.98 quintals of undistributed rice at the rate of Rs.1370 per quintal. As per the petitioner 1736 quintals of rice was allotted under SGRY Scheme. The petitioner submits that out of the allotted quantity he has already distributed 1521.67 quintals of rice and only 215.72 quintals of rice remained with him under SGRY Scheme. The petitioner submits that the area is the flood affected area. He further submits that he has already deposited Rs.50,000/- 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 2 C.W.J.C. No. 711 of 2011 and C.W.J.C. No. 757 of 2011 would also govern the instant writ petition. 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 petitioner would either deposit 10% of 215.72 quintals of the value of undistributed rice at Rs.10 per Kg. or the rice itself, if already not deposited within two months. 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 10 % . The representation filed by the petitioner should be disposed of within two months thereafter. No coercive steps would be taken against the petitioner in the meanwhile. Uday/ (Samarendra Pratap Singh, J.)