IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14111 of 2008 Md. Hena, Son of Md. Bali, resident of Village-Islampur Pokharia, Police Station- Balia, District-Begusarai. …. Petitioner. VERSUS 1. The State of Bihar through the District Magistrate, Begusarai. 2. The Secretary, Water Resources, Minor Irrigation Department, Government of Bihar, Patna. 3. The Commissioner, Water Resources, Minor Irrigation Department, Bihar, Patna. 4. The Deputy Development Commissioner, Begusarai. 5. The Block Development Officer, Balia, Begusarai. …….. Respondents. ----------- Advocates for the Petitioner : Mr. Birendra Prasad Verma, Sr. Adv. Mr. Sanjay Prasad. Mr. Ram Naresh Roy. Advocate for the Respondents : JC to AG-10. ------------- 03 27.03.2009 This writ petition has been pending in this Court for sometime. It was adjourned for instructions, but nothing has come about. Petitioner has filed this writ petition for payment of about Rs. 4,83,143/- in respect of certain boring work done by him. It appears that the work was done way back in 1992-93 not only by the petitioner but by large number of other such persons. There were some complaints. Criminal cases were lodged and all payments withheld. The money had reached the District for payment to the petitioner but because of criminal cases payments were not made. The money having already been received was then transferred in civil deposit with the - 2 - Treasury. It may be noted that so far as petitioner is concerned, there was no case against him. Several similarly situated persons were acquitted in the criminal case and enquiry was set up with regard to work done. The claims having been found to be correct. The claims were then verified by the Deputy Development Commissioner (DDC), Begusarai and a statement drawn up of the amount of the money to be paid. Pursuant to this verification, the Collector vide his memo no. 3576 dated 16.11.2008 has been writing to the Principal Secretary, Minor Irrigation Department, Government of Bihar, Patna for permission to withdraw the money from civil deposit and makes payments. It may be noted that the amount sanctioned and deposited in the civil deposit in Begusarai is Rs. 85 lacs against the total liability of petitioner and other persons of Rs. 70.494 lacs, as assessed by the DDC. These facts have not been disputed by the State by filing any counter affidavit. In that view of the matter, I direct that the amount as deposited in civil deposit be immediately withdrawn for payment of petitioner’s dues, as per the verified statement of DDC, as appended to the Collector’s letter to the Principal Secretary, Minor Irrigation Department. As referred to above, consequence to withdrawal of money from civil deposit the Collector, Begusarai would ensure that the amount is paid to the petitioner within a period of one month of production of a copy of this order before him. As the payments were due in the year 1992-93 itself and have not been disputed and the money was lying in the district all along, I feel it necessary that the petitioner is - 3 - required to be compensated for this unreasonable delay without reasonable cause. I, accordingly, direct that the petitioner would be entitled to receive payment of compensation by way of 6% interest over the said amount from the date it was due till the date it is paid. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh,J.)