IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17688 of 2009 1. KAMESHWAR PRASAD S/O LATE BABU JAGDISH PRASAD R/O VILL KAMTAUL, P.O. KAMTAUL, DISTT-DARBHANGA, PRESENT ADDRESS-GAYATRI MEDICAL HALL,ALALPULTI,DARBHANGA 2. ISHWAR PRASAD S/O LATE JAGDISH PRASAD R/O VILL KAMTAUL,P.O.KAMTAUL,DISTT-DARBHANGA,PRESENT ADDRESS GAYATRI MEDICAL HALL, ALALPALTI, DARBHANGA Versus 1. THE STATE OF BIHAR , THROUGH THE SECRETARY,RURAL DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 2. THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT GOVT. OF BIHAR,PATNA 3. THE DIVISIONAL COMMISSIONER DARBHANGA 4. THE DISTRICT MAGISTRAE DARBHANGA 5. THE CHAIRMAN , DISTRICT BOARD DARBHANGA 6. THE DEPUTY DEVELOPMENT COMMISSIONER,CUM CHIEF EXECUTIVE OFFICER DISTRICT BOARD, DARBHANGA ----------- 02. 06.01.2011 Heard learned counsel for the petitioner and learned counsel for the Zila Parishad. Applications were invited for allotment of shops requiring deposit of Rs. 45,000/- inclusive of other conditions. The petitioners are stated to have deposited Rs.25,000/- each in 1994. Their grievance is that have not been allotted a shop as yet neither their money has been returned. Learned counsel for the Zila Parishad submitted that as against Rs. 45,000- the petitioners had deposited only Rs. 25,000/- and they are not entitled to the allotment of the shop. He next submits from Annexure-A to the counter affidavit dated 6.11.2009 that the petitioners had been intimated to collect deposit made by them but have not done so. 2 The Court is at a complete loss to understand the nature of the stand being taken by the Zila Parishad. Paragraph-6 of their counter affidavit explicitly in no uncertain terms states that the shops never came to be constructed by the Zila Parishad. It may became a question who misled whom and did not the Zila Parishad take money from persons like the petitioners on false promise. The writ petition was filed on 9.12.2009. The offer made by the respondents so close in point of time to the institution of the writ application raises more questions than it answers. The Zila Parished is directed to return the deposits made by the petitioners along with interest @ 5% from the date of filing of the writ petition i.e. 15.12.2009 till the date that the money is not actually paid to the petitioners. This order has been passed in presence of and after hearing counsel for the Zila Parishad. The application stands disposed. P.K ( Navin Sinha, J.)