IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16029 of 2008 Sanjay Kumar @ Sanjay R.Kumar, s/o Sri Raghunath Prasad, resident of Balkishunganj, P.S. – Alamganj, Patna ……………. Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, Department of Excise, Government of Bihar, Patna 3. The Commissioner, Department of Excise, Government of Bihar, Patna 4. The District Magistrate, Darbhanga 5. The Excise Superintendent, Darbhanga …………. Respondents For the petitioner: Mr. Surendra Kr. Singh, Advocate For the respondents: Mr. Vikash Kumar, AC to AG ----------- 6 11-02-2009 Prayer of the petitioner in this application is to direct the respondents to refund a sum of Rs.1,34,226/- along with interest at the rate of 18% per annum. Short facts giving rise to the present application are that the petitioner filed application claiming remission before the Board of Revenue. The Member, Board of Revenue, by order dated 1st of March, 2000 (Annexure-1) allowed the claim of remission for the period 3rd of April, 1999 to 21st of June, 1999. It is the grievance of the petitioner that till date the amount has not been paid and, therefore, the - 2 - petitioner is entitled for not only the amount due but also interest thereon at the rate of 18%. Mr. Surendra Kumar Singh, appears on behalf of the petitioner and contends that it is a fit case in which mandamus can be issued directing payment of amount along with interest. Mr. Vikash Kumar, appearing on behalf of the respondents does not dispute that the petitioner shall be entitled for remission for seventy eight days. However, he contends that the facts of the present case do not justify grant of interest. According to him, the petitioner never approached the respondents for refund of the amount in terms of the order of the Member, Board of Revenue, dated 1st of March, 2000. In this connection, our attention has been drawn to the statement made in paragraph -12 of the counter affidavit. Same reads as follows: “That it is respectfully submitted and stated that the petitioner never filed any application before the District Excise Officer, Darbhanga for refund of any amount in terms of the order dated 1.3.2000 passed in Board Case no.187/99 aforesaid. It is submitted that in the writ application the petitioner has claimed about filing of the application in March 2000 and on subsequent dates in the year 2006 and 2007. On - 3 - receipt of copy of the writ application a hectic search was made in the District Excise Office but no trace of such applications could be made available. It is submitted that these respondents have taken necessary steps in the matter and the Excise Commissioner requested the department of Finance to allot necessary fund for making payment to the petitioner in terms of the order passed in the aforesaid Board Case no.187/2000. The petitioner for obvious reasons appears to have kept silent in the matter for years and has filed the instant writ application for redressal of his grievance without approaching the competent authority in the matter. It is submitted that as soon as necessary allotment of fund is made available, the same will immediately be given to the petitioner as per the order passed in the aforesaid Board Case no.187/2000.” In answer thereto, Mr. Singh submits that the order was passed in presence of both sides granting remission and, therefore, respondents are obliged to pay interest thereon. The order of Board of Revenue does not direct for payment of interest. Had the petitioner been vigilant, the amount as directed by the Board of Revenue would have been paid earlier. We are of the opinion that the petitioner has also contributed in delay. Accordingly, we reject the prayer so far the grant of interest is concerned. However, the amount as directed by the - 4 - Board of Revenue, if already not paid, be paid within six weeks from the date of receipt/production of a copy of this order. If the amount is not paid within the time stipulated, the petitioner shall be entitled for simple interest at the rate of 7%. Application stands partly allowed with the direction aforesaid. Neyaz/- C. K. Prasad, ACJ. S. K. Sharma, J.