IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.80 of 2008 1. VIJAY KUMAR PANDEY, SON OF LT. RAM NAGINA PANDEY, RESIDENT OF MOHALLA- DAULATGANJ, P.S.- BHAGWAN BAZAR, DISTRICT- CHAPRA, 2. RAJENDRA PRASAD GUPTA, SON OF LT. RAM CHANDRA PRASAD, RESIDENT OF MOHALLA TAKKA MORE, GUDRI BAZAR, CHAPRA, 3. SHANTI DEVI, WIFE OF BHARAT PRASAAD RESIDENT OF MOHALLA- GUDRI BAZAR, CHAPRA, 4. MD. ASLAM, SON OF MD. RAMJAN ALI, RESIDENT OF NAI BAZAR, CHAPRA, 5. RANJIT KUMAR, SON OF LATE BISHWNATH PRASAD, BHAGWAN BAZAR, CHAPRA, … PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, FOOD CIVIL SUPPLY & CONSUMER PROTECTION, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE DISTRICT SUPPLY OFFICER, CHAPRA, (SARAN) AT CHAPRA. 3. THE SUB-DIVISIONAL OFFICER, SADAR (S.D.O.) AT P.O. + P.S.+ DISTRICT- CHAPRA, 4. THE DISTRICT SUPPLY OFFICER, SARAN AT CHAPRA. 5. THE DISTRICT MANAGER, STATE FOOD CORPORATION, CHAPRA(SARAN) AT CHAPRA 6. THE MARKETING OFFICER, CHAPRA TOWN AT CHAPRA. ….. RESPONDENTS. For the petitioner : Mr. Anshuman , Advocate. For the State : M/s. Anjani Kumar, A.A.G.10 and Shailendra Kumar Singh,AC to AAG 10. 3. 03.1.2011. Heard learned counsel for the petitioners, State and the counsel for the Bihar State Food and Civil Supplies Corporation (hereinafter referred to as the Corporation). 2. Petitioners are the PDS dealer they were asked to distribute food- grains meant for Antyodaya Schemes, under order bearing memo no.822 dated 2.7.2007, Annexure-1. In compliance of the aforesaid Annexure-1 they 2 submitted bank draft for release of the food - grains. Before the food-grains could be released the instruction to distribute food-grains was modified vide order bearing memo no. 1299 dated 25.9.2007, Annexure-6, meanwhile petitioners deposited demand draft with the authorities of the Corporation. No sooner the modified order dated 25.9.2007, Annexure-6 was issued the District Manager under letter no. 1558 dated 9.10.2007 returned the demand draft to the Sub-divisional Officer, Sadar, Chapra for being given back to the petitioners. The name of the five petitioners is found mentioned in letter no. 1558 dated 9.10.2007, Annexure-B to the counter affidavit filed by the District Manager. Counsel for the petitioners in rejoinder submitted that the demand draft referred to in the letter dated 9.10.2007 is only for the month of September, 2007 and not for July and August, 2007. 3. Having heard counsel for the parties, I direct the District Manager, Corporation as also the Sub-divisional Magistrate, Sadar, Chapra to insure that the demand draft submitted by the five petitioners is returned to them, as 3 Ibrar/- ( V.N. Sinha, J.) early as possible, in any case within one month from the date of receipt/production of a copy of this order before the Sub-divisional Magistrate, Sadar, Chapra. It is submitted on behalf of petitioner No.1 that during the pendency of this writ petition he left for heavenly abode, the demand draft furnished by petitioner No.1 for the three months be also returned to his heirs and legal representatives within the same time.