IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.894 of 2010 MADAN MOHAN PANDEY SON OF LATE INDRADEO PANDEY, PROPRIETOR OF M/S PANDEY BOTHERS, RESIDENT OF VILLAGE OBRA, P.S. OBRA, DISTRICT AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, ROHTAS AT SASARAM 3. THE BLOCK AGRICULTURE OFFICER, DEHRI,ROHTAS ----------- 02. 03.03.2011 Heard learned counsel for the petitioner and the State. The prayer of the petitioner is for a direction to the Collector, Rohtas at Sasaram to return the sale proceeds amounting to Rs. 71,720/- being the sale proceeds vide treasury receipt no. W23417 as stated in paragraph – 1 of the writ application. It is submitted that petitioner had approached this court earlier through writ petition bearing Cr. W.J.C. No. 117 of 2010 whereby by order dated 11.03.2010 (Annexure-1) the petitioner was permitted to make an application before the Collector, Rohtas for sale of the fertilizer or in the alternative to make an application for handing over the sale proceeds of the said fertilizer as stated. Petitioner filed an application on 25th of March 2010 for release of the fertilizer, however, instead of passing an order for release of the said fertilizer the same was sold and sale proceeds have been deposited with the treasury. Learned counsel appearing for the State submits that in case an application is made, necessary orders could be passed on it. In the above circumstances petitioner is permitted to make necessary application before the Collector, Rohtas for handing over the sale proceeds. In case such application is filed within a period of four weeks, the Collector, Rohtas shall pass the appropriate order within a period of three months for returning the aforesaid sale proceeds amounting to Rs. 71,720/- on the adequate security being furnished by the petitioner. Let the order be communicated to the Collector, Rohtas at Sasaram through fax at the cost being deposited by the petitioner. The writ application stands disposed of with the above observations/directions. Jagdish/- ( Shailesh Kumar Sinha,J.)