IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.964 of 2008 1. THE STATE OF BIHAR 2. The Secretary, Department of Agriculture Cum Agriculture Production Commissioner, Government of Bihar, New Secretariate, Patna. 3. The Additional Secretary, Department of Agriculture, Government of Bihar, New Secretariate, Patna. 4. The Bihar State Co- operative Bank Ltd. through its Administrator- Cum- Managing Director, Ashok Raj Path, Patna. 5. Chapra, Central, Co- Operative Banks, Chapra (Saran) through its Managing Director, Chapra. 6. Purnea Central Co-operative Bank, Purnea. ……………………….Respndents/ Appellants. Versus 1. INDIAN POTASH LIMITED through its Regional Manager. 2. Regional Manager, Indian Postash Limited, Both at B- 199, Sashdeo Mahto Marg, P.S. S.K.Puri City and District Patna. …………………….Petitioners/ Respondents. ----------- 6 29.03.2011 The present L.P.A. has been filed against the order dated 4.1.2008 passed by this Court in C.W.J.C. No.16291 of 2004. The controversy in the writ petition was with regard to payment of subsidy amount to the petitioners, respondents herein for fertilizer supplied by it in the district of Purnea and Saran in the year 1992-93 and 1994-94. Facts of this case are that the petitioners respondents herein has approached this Court earlier by filing C.W.J.C. No.2823 of 2000 with the same grievance with regard to denial payment of subsidy amount. As the matter was pending since long eight years with the State Government the petitioners, respondents herein were compelled to file M.J.C. No. 1981 of 2002 in which by order dated 3.1.2004 this Court allowed the claim of Rs.1.56 lacs to the petitioners as subsidy amount for supply of fertilizer in the district of Purnea, but the payment of subsidy amount for 2 supply of fertilizer in the district of Saran which was amount to Rupees Ten lacs and odd have remain unpaid, as according to the learned counsel for the appellants there was some irregularity and therefore recommendation have been made to institute a criminal case against the Chairman of Vyapar Mandal and representative of the petitioner’s Company which was detected in pursuance of the audit objection of the year 1993. Learned counsel for the petitioners, respondents herein has submitted that as there was abnormal delay in payment of the subsidy amont for fertilizer supplied by it in the districts of Purnea and Saran they have approached on earlier occasion to this Court by filing a writ petition bearing C.W.J.C. No.2823 of 2000 in which by order dated 3.1.2004 an amount of Rs.1.56 lacs was allowed to the petitioners as subsidy amount for supply of fertilizer in the district of Purnea, but no subsidy amount was paid in respect of Saran district. Learned counsel for the appellants has submitted that this appeal has been filed being aggrieved by the order passed by the learned Single Judge granting interest at the rate of 12% per annum from the due date till the date of actual payment. Having heard counsel for the parties, this Court is of the opinion that as the respondents, appellants herein has not paid the interest on the amount which has already been made, it would suffice if the rate of interest as directed by the learned Single Judge is reduced to 9% per annum from the date of filing of the 3 writ petition i.e. 21.12.2004 till the date of actual payment so far Saran district is concerned. This Court orders accordingly. So far, payment of interest for Purnea district is concerned, we do not dwell on merits for the reasons that the order dated 7.12.2007 passed in the writ petition has become final and no L.P.A. is preferred against such order. With the above observation, order of the learned Single Judge is modified to the extent indicated above and this L.P.A. is allowed. Abhay Kumar ( T. Meena Kumari, J.) (Dr. Ravi Ranjan, J.)