IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15085 of 2011
Dilip Paswan S/O Sri Alakdev Paswan R/O Rampur,
P.S.: Aamas, Distt.-Gaya.
Versus
1. The State Of Bihar.
2. Dy. Development Commissioner Cum Chief Executive Officer,
Gaya.
3. The Sub Divisional Officer, Serghati, Distt.; Gaya.
4. The Marketing Officer, Serghati, Distt.-Gaya.
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2 27/09/2011. The petitioner, who is the licensee under the 1984
Unification Order as well as under the Public
Distribution System (Control) Order, 2001 prays for
quashing the memo issued by the concerned authorities,
directing refund of value of undistributed rice under
Sampurna Gramin Rojgar Yojana/FFW scheme at APL
rate.
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 C.W.J.C. No. 711 of 2011
2
and C.W.J.C. No. 757 of 2011 would also govern this
writ application as well. This writ petition is,
accordingly, 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 15% of the value of
undistributed rice at Rs.10/- per kilogram or the rice
itself in present form, if already not deposited.
This order would not come in the way of
petitioner and other dealers similarly placed, if they
want to deposit the value of rice or rice itself in excess
of 20 %.
Shashi. (Samarendra Pratap Singh, J.)