IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2687 of 2006 MD.ARSHAD HUSSAIN KHAN, SON OF LATE WAHID HUSSAIN KHAN, RESIDENT OF MOHALLA CHAR HAZAR, P.S. MANER, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, PANCHAYATI RAJ DEPARTMENT, NEW SECRETARIAT, VIKAS BHAWAN, PATNA. 2. THE DISTRICT MAGISTRATE CUM COLLECTOR, PATNA. 3. THE SUB-DIVISIONAL OFFICER, DANAPUR, DISTRICT PATNA. 4. THE NAGAR PANCHAYAT, MANER, THROUGH ITS CHAIRMAN, DISTRICT PATNA 5. THE CHAIRMAN, NAGAR PANCHAYAT, MANER, DISTRICT PATNA. 6. THE EXECUTIVE OFFICER, NAGAR PANCHAYAT, MANER, DISTRICT PATNA. ----------- 03. 10.02.2011 Heard learned counsel for the petitioner and the State. None appears for respondent nos.4 to 6, although counter affidavit has been filed on their behalf by Sri Bishnu Kant Dubey, who is also present in Court but states that after filing of the counter affidavit in the matter he has been relieved of the responsibility to appear in the case. 2. Petitioner is settlee of the bus stand by the Executive Officer, Nagar Panchayat, Maner under letter no.78 dated 31.3.2005, Annexure-2. Period of settlement is between 1.4.2005 till 31.3.2006. The agents of the settlee were apprehended in connection with Maner P.S. Case No.189 of 2005 dated 31.12.2005 registered for the offence under Sections-384/34 of the Penal Code alleging that they were indulging in extortion from those who were visiting the bus stand. 3. It is submitted on behalf of the petitioner that after lodging of Maner P.S. Case No.189 of 2005, the collection from the bus stand was stopped and petitioner is required to be granted - 2 - proportionate refund for not collecting the toll for the period between 14.12.2005 till 12.3.2006 when collection was resumed in the light of the orders of the High Court dated 8.3.2006 passed in Cr.W.J.C. No.192 of 2006. 4. Having investigated Maner P.S. Case No.189 of 2005 the police authorities submitted charge sheet and the matter is pending trial, in the circumstances, I direct that petitioner shall be entitled for proportionate refund, if he and his men are acquitted in Maner P.S. Case No.189 of 2005. The court below trying Maner P.S. Case No.189 of 2005 dated 13.12.2005 should, however expedite the hearing of the case. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)