WP(C) 3600/2010 BEFORE THE HON’BLE MR. JUSTICE UJJAL BHUYAN Heard Mr. S. Sinha, learned counsel for the petitioner and Mr. B.J. Ghosh, learn ed Govt. Advocate, Assam, who appears for the respondent Nos. 1 and 3. Mr. D. Ch oudhury, learned counsel appears for the respondent No. 2. The grievance of the petitioner is that he was allotted a room near the Swahid Market at Nalbari by the Municipal Board, Nalbari. For the said allotment , the petitioner had deposited a sum of Rs. 20,000/- on 9.10.2000 and another am ount of Rs. 10,000/- on 28.11.2000 as security money. However, the petitioner wa s not allotted the said room. As the allotment was not made, the petitioner dema nded refund of the security deposit. In this connection, the petitioner submitte d representation on 13.7.2009 and again on 6.1.2010 for refund of the said secur ity money with interest. As there was no response, the petitioner is before this Court seeking a direction upon the Nalbari Municipality Board to return the sai d security money of Rs. 30,000/- with interest at the rate of 9% per annum. On 25.3.2010, this Court had observed that an endeavour would be made to dispose of the matter at the admission stage. On 2.11.2011, time was granted to the learned counsel appearing for the Nalbari Municipal Board to obtain detail instructions. Today, when the matter is called upon, Mr. D. Choudhury, learned c ounsel for the Municipal Board, Nalbari, submits that the Municipal Board does n ot dispute the claim of the petitioner but because of financial constraints, it would not be possible to refund the said amount immediately. Mr. Sinha, learned counsel for the petitioner in his reply submits that financial constraint cannot be a ground to deny the due entitlement of the petit ioner. He refers to an order dated 22.12.2009 passed by this Court in W.P.(c) No . 2474/2008 and prays for a similar order. I have heard the submissions made by the learned counsels and I have als o perused the averments made in the writ petition and the documents annexed ther eto. I find that in similar circumstances, this Court had directed refund of the security deposit within two weeks with interest at the rate of Rs. 6%, failing which it was ordered that the interest rate would be 12%. Therefore, considering the above, I dispose of this writ petition by dir ecting the Nalbari Municipal Board to refund the security deposit money of Rs. 3 0,000/- to the petitioner within six weeks from today. As the deposited security amount was wrongly retained by the Municipal Board, I further direct the paymen t of interest @ 6% form the date of passing of this order till refund of the sai d amount. If the refund is not made within the stipulated period, rate of intere st will be calculated at the rate of 12%. This disposes the writ petition.