IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1995 of 2005 RAM NATH PANDEY son of late Ram lakhan Pandey, R/o B-169, People’s Co-operative Colony, Kankarbagh, P.O.Kankarbagh, P.S.Kankarbagh,District Patna(Bihar) ….Petitioner. Versus 1. BIHAR STATE HOUSING BOARD, Mangles Road, Patna. through its Managing Director. 2. Managing Director, Bihar State Housing Board, Mangles Road, Patna. 3. Estate Manager, Bihar State Housing Board, Mangles Road, Patna. 4. Executive Engineer, Bihar State Housing Board, Patna Division- 2,Bahadurpur, Patna. 5. Assistant Engineer, Bihar State Housing Board, Patna Division-2, Bahadurpur, Patna. 6. Revenue Officer, Bihar State Housing Board, Mangles Road, Patna ….Respondents. ----------- For the petitioner : Mr. Abdul Wadood, Advocate Mr. Amrendra Kumar, Advocate. For the Respondent: Mrs. Nilu Agrawal, Advocate Housing Board : Ms. Putul Sinha, Advocate. ----------- 2 13.05.2011 Heard the parties. 2. The petitioner has approached this Court by filing the present writ petition seeking a direction upon the respondents for payment of interest over the amount deposited by the petitioner for allotment of Higher Income Group plot at Digha in the town of Patna. The claim of the petitioner is that he had submitted his application in the prescribed form for allotment of a plot and had deposited earnest money and even thereafter further amount was deposited ,whereafter a plot of land was allotted to him at Digha in the town of Patna, but possession over the same could not be taken by the petitioner. 3. A counter affidavit as also a supplementary counter 2 affidavit have been filed on behalf of respondents stating therein that entire amount deposited by the petitioner has been refunded with statutory interest of 5% per annum , since the possession over the plot in question could not be given to the petitioner due to large number of litigations before this Court and other courts/forum with respect to the lands acquired at Digha. 4. The fact regarding refund of the money with statutory interest is not being disputed by the learned counsel for the petitioner. However, his grievance is that he was entitled for higher percentage of interest. 5. Similar issues were raised before a Division Bench of this Court in C.W.J.C. No. 7335 of 1991( Gur Bilas Singh and others Vs. The State of Bihar and others). A Division Bench of this Court, after hearing the parties by its order dated 10.2.2010, issued a direction that amount deposited by the allottees with statutory interest of 5% per annum should be refunded by the respondent Housing Board and its functionaries. The directions issued by a Division Bench of this Court in the case of Gur Bilas Singh & others Vs. The State of Bihar & others (Supra) appears to have been fully complied with in the present proceeding. Therefore, this court is of the considered opinion that the petitioner is not entitled for any other reliefs. Consequently, the writ petition has to fail and is accordingly dismissed. No costs. Rahman/ ( Birendra Prasad Verma, J.) 3