IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15281 of 2009 BABLU KUMAR S/O LATE DEVENDRA PRASAD, R/O MOHALLA DARIAPUR, P.S. KADAMKUAN, DISTT. PATNA …….PETITIONER VERSUS 1. THE PATNA MUNICIPAL CORPORATION, PATNA 2. THE MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPORATION, PATNA 3. THE ADDITIONAL MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPORATION, PATNA……RESPONDENTS For the petitioner : Mr. Indu Bhushan, Advocate. For Patna Municipal Corporation : Mr. Rajesh Kumar Verma, Advocate. ----------- 04/ 23.08.2010 Heard learned counsel for the petitioner and learned counsel for Patna Municipal Corporation and its authorities. This writ petition has been filed by the petitioner for directing the respondents authorities to enter into an agreement with the petitioner for the land allotted to him for business purpose in the light of Memo No.316/RKO Patna, 11.12.2007 issued under the order of Municipal Commissioner by the Additional Municipal Commissioner, Patna Municipal Corporation. The said land is situated in Ward No.43, South-West Corner towards Dinker Chowk, measuring 15 feet x 10 feet for which the petitioner has deposited Rs.10,000.00 as security money thorough Demand Draft No. 210267 18.06.2008 in the office of Additional Municipal Commissioner, Patna Municipal Corporation and two stamp papers on 18.06.2008. Learned counsel for the petitioner submits that the respondents authorities after the entire process cannot legally turn around and reject the claim of the petitioner. On the other hand, 2 learned counsel for the Patna Municipal Corporation submits that no agreement has been entered into between the parties and hence no right is created to the petitioner. So far deposit of Rs.10,000.00 is concerned, the respondents are ready to refund the same with bank interest to the petitioner. Considering the aforesaid facts and circumstances it is quite apparent that no agreement having been entered between the parties, no right has been created in favour of the petitioner which may force the respondents to allot the specific premises mentioned above to him. In the said circumstances this writ petition is dismissed with a direction to the respondents authorities to refund the said amount of Rs.10,000.00 with interest at bank rate from the date of its deposit positively within one month from today. harish (S.N. Hussain, J.)