IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16680 of 2011
1. Sri Ram Prasad, S/O Ramayan Bhagat, R/O Baluwa, Panchayat-
Baluwa, P.S.- Guthani, Distt.- Siwan.
2. Suryalal Manjhi, S/O Sri Ram Briksha Manjhi, R/O Village- Odikhor,
Panchayat- Chittakhal, P.S.- Guthani, Distt.-Siwan.
3. Arun Kumar Gupta, S/O Sri Surendra Prasad, R/O Village- Guthani,
Panchayat- Guthani East, P.S.- Guthani, Distt.- Siwan, Salesman of
Sahkari Co-Operative Consumer Store, East Guthani, District- Siwan.
..... Petitioners
Versus
1. The State of Bihar through the Collector, Siwan.
2. The Dy. Development Commissioner, Siwan.
3. The Block Development Officer - Guthani, Distt.- Siwan.
..... Respondents.
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2/ 14.10.2011 The petitioners, who are P.D.S. dealer within
Guthani Block in the district of Siwan, are aggrieved by order as
contained in Annexure-1, issued by Block Development Officer,
Guthani pursuant to the substantial order passed by Deputy
Development Commissioner, Siwan, whereby they have been
directed to deposit the value of undistributed rice at A.P.L. rate
or Rs.13.70 kg.
The petitioners dispute the quantity of rice allotted
to them. It is submitted that petitioner no.1 was allotted 240
quintals of rice out of which he distributed 162.78 quintals and
only 77.22 quintals of rice remains with him. Similarly
petitioner no.2 was allotted 433 quintals of rice out of which he
distributed 377 quintals and only 60 quintals of rice remains
with him and petitioner no.3 lifted 368.20 quintals of rice out of
which he distributed 312.11 quintals of rice and only 57.09
quintals remains with him.
Learned counsel for the petitioners submits that the
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respondents have incorrectly stated that 126.66, 170.80 and
201.80 quintals of rice would remain with petitioner nos. 1, 2
and 3 respectively.
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 20% of the value of undistributed rice as claimed by
them at the rate of Rs.10 per Kg. or the rice itself, if already not
deposited within five weeks from today.
The representation filed by the petitioners would
dispose of within a further period of 10 weeks.
In the meantime, no coercive steps would be taken
against the petitioners.
(Samarendra Pratap Singh, J.)
Uday/