IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13953 of 2011
1. Sarbjeet Mandal S/O Late Madan Mohan Mandal R/O Vill.-
Pair Dominiyamal, P.S.- Shahkund, Distt.- Bhagalpur
Versus
1. The State Of Bihar
2. The District Magistrate, Bhagalpur
3. The Deputy Development Commissioner, Bhagalpur
4. The Block Development Officer, Shahkund, Bhagalpur
5. The Block Supply Officer, Shahkund, Bhagalpur
2 5.9.2011
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 50 % and 30 % of Sampurna Gramin
Rojgar Yojana in between the years 2002 to 2006 at APL rate of
Rs.13.70 per Kg totaling Rs.42,210/-.
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 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
2
mentioned therein, with the condition that the petitioner would
either deposit 40% 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 40%.
(S.P. Singh,J)
KHAN