Parshuram Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2824 of 2014 In Civil Writ Jurisdiction Case No. 15537 of 2011 ====================================================== Parshuram Ram, Son of Kriti Ram, Resident of Village- Tilai, P.S.- Sanjhauli, District - Rohtas .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Rohtas at Sasaram

3. The Deputy Development Commissioner, Rohtas

4. The Sub Divisional Officer, Bikramganj, District - Rohtas

5. The Block Development Officer, Sanjahuli, District -Rohtas

6. The Block Development Officer, Bikramganj, District -Rohtas .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Respondent/s : Mr. Yogendra Pd. Sinha, AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-06-2017 The petitioner seeks modification of order, dated 23.09.2011, passed in C.W.J.C. No. 15537 of 2011. The facts of the case, in short, is that the petitioner was the licensee under the P.D.S. (Control) Order, 2001. He prayed for quashing of the Memo issued by the authority directing refund of value of undistributed rice under 50% and 30% of Sampurna Gramin Rojgar Yojana in between 2002 to 2006 at APL rate i.e. Rs.13.70 per kg. The writ petition was disposed of in the following terms, which is reproduced herein below: "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

Patna High Court MJC No.2824 of 2014 (3) dt.28-06-2017 2/3 2011 would also govern in these writ applications as well. All the writ applications are 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 including interim protection as mentioned therein, with the condition that the petitioners would either deposit 20% of the value of undistributed rice at Rs.10 per Kg or the rice itself in present form within ten weeks from today.

This order would not come in the way of petitioners and other dealers similarly placed, if they want to deposit the value of rice or rice itself in excess of 20 %."

The petitioner has belatedly filed this modification application for grant of further four weeks time to deposit 20% of the value of undistributed rice at the rate of Rs.10.00 per kg. He submits that he has already deposited Rs.20,000/- on 10.08.2011.

In the facts and circumstances of the case, the petitioner must deposit the rest of the amount within four weeks and also Rs. 5,000/- as penalty, failing which the interim protection, as granted vide order dated 23.09.2011, would stand automatically vacated and the petitioner can be taken into custody.

Patna High Court MJC No.2824 of 2014 (3) dt.28-06-2017 3/3 This modification application stands disposed of. (Samarendra Pratap Singh, J.) Uday/- U