IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8218 of 2009 Shambhu Kumar Paswan, S/o. late Ramphal Paswan, r/o. Laheriaganj, Ward No.3, Post Office-Madhubani, P.S. Madhubani Sadar, District-Madhubani. . Versus 1. The State Of Bihar, through Principal Secretary, Department of Urban Development and Housing, Govt. of Bihar, Patna. 2. The Principal Secretary, Department of Urban Development and Housing, Government of Bihar, Patna. 3. The District Magistrate, Madhubani. 4. Municipal Council, Madhubani through Executive Officer, Madhubani, Bihar. 5. The Executive officer, Municipal Council, Madhubani, Bihar. ----------- 03. 09.09.2011 This writ petition has been filed for refund of Rs.1,40,000/- deposited by the petitioner towards issuance of Parwana for collection of amount/tax (CHATI BATI) for the financial year 2008-09 but the respondent authorities are neither executing the agreement nor issuing Parwana. The notices were issued to respondent Nos.4 & 5 the Municipal Council, Madhubani and its the Executive Officer, respectively, but in spite of valid service of notice none is appearing for respondent Nos. 4 & 5. On 18.02.2008 and 04.03.2008 two notices were issued for conducting open bid for settlement of different types of Sairat. The petitioner participated in the bid for settlement of right under Toll-tax/Chatti Batti collection and deposited Rs.1,26,800/- and Rs.13,200/- for which receipt was validly issued on 16.07.2008. It is submitted that in spite of the deposit of the money the agreement was not executed. Then the 2 petitioner on 03.12.2008 vide Annexure-4 requested for refund of the money or for issuance of authority for making collection for the financial year 2008-09. Thereafter on 17.02.2009 another representation for refund was filed as contained in Annexure-5. It appears that the Urban Development and Housing Department, Government of Bihar restrained the Municipal Council from collection of Toll-tax in absence of any rule under Bihar Municipal Act, 2007. There was some dispute between the Municipal Councils and the State Government with regard to the collection of the Toll-tax, The petitioner has also relied upon the order dated 13.05.2009 passed in C.W.J.C. No. 5980 of 2009 as contained in Annexure-8 whereby proportionate refund was directed to be made. Since the Madhubani Nagar Parishad, in spite of valid service of notice did not appear, there is none to controvert the contention of the petitioner. In the circumstances, this Court has no option but to direct the Madhubani Nagar Parishad to return Rs.1,40,000/- of the petitioner within one month of filing of the representation along with the copy of this order. Accordingly, this writ application is allowed. Mkr. (Dinesh Kumar Singh, J.)