IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.929 of 2008 BISHNU DAYAL son of Late Ram Prasad Yadav, resident of village- Bhaluahi, P.S. Sirdala, District-Nawada. Versus 1. THE STATE OF BIHAR 2. The Liability Committee,Road Construction Department, Govt. of Bihar, through its Chairman. 3. The Engineer-in-Chief, Road Construction Department, Govt. of Biohar,Patna. 4. The Joint Secretary, Management Section, Road Construction Department,Bihar,Patna. 5. The Executive Engineer,Road Construction Department, Road Division, Nawadah. ----------- 2 28.11.2008 The writ petition has originally been filed for payment of admitted due has become infructious, as payments have been made pursuant to the order of the Liability Committee. Now, the only issue remains with regard to refund of earnest money/security deposit. This amount is either originally deposited or is deducted from running bills when payments are made. Learned counsel for the State submits that it is open for the petitioner to make an application for refund of security deposit as all his bills have already been paid, which would be evident from Annexures A and B to the counter affidavit. The petitioner, on the other hand, submits that Annexures A and B itself show and quantify the security deposit deduction. Once contract is over and payment of bills made ,then, without demur, the security deposit and the earnest money must be returned to any person. That is a matter of account, which is exclusively available to respondents themselves and once the relationship terminates by full payment, it is obligatory on the part of the State itself to voluntarily return the security deposit because such deposits are kept for due performance of the contract and contract having - 2 - been duly performed and account settled, the respondents have no right to retain the said amount any further. I,therefore,direct the petitioner to make a representation before the Executive Engineer, Road Construction Department, Road Division,Nawadah, in respect of earnest money/security deposit due to be refunded. The Executive Engineer would get the matter examined and ensure that within one month from the date of such a representation is filed, the total amount of earnest money/security deposit of the petitioner would be refunded to him and in case any amount of claim is denied or disputed, detailed reasons thereof would be communicated to the petitioner within the said period. With these observations and directions, this writ petition stands disposed of. singh (Navaniti Prasad Singh)