CIVIL WRIT JURISDICTION CASE No.6097 OF 1999 In the matter of an application under Article 226 Of the Constitution of India. ---------- MANOJ KUMAR S/O MAHENDRA PRASAD R/O HARIHARGANJ,PS.NASRIGANJ DISTRICT- ROHTAS---- -PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, BIHAR STATE AGRICULTURE MARKETING BOARD, PANT BHAWAN, BAILY ROAD, PATNA 3. THE REGIONAL DIRECTOR BIHAR STATE AGRICULTURE MARKETING BOARD, PANT BHAWAN BAILY ROAD, PATNA 4. THE ASSISTANT DIRECTROR BIHAR STATE AGRICULTURE MARKETING BOARD, SASARAM 5. THE SUB-DIVISIONAL OFFICER, BIKRAMGANJ CUM SPECIAL OFFICER AGRICULTURE PRODUCE MARKETING BOARD, NATWAR, NASRIGANJ, SUB-DIVISION BIKRAMGANJ, DISTT- ROHTAS 6. THE MARKETING SECRETARY,AGRICULTURE PRODUCE MARKETING BOARD,NATWAR,NASRIGANJ-DISTT. ROHTAS---- RESPONDENTS For The Petitioner :Mr. K.N. Choubey, Sr. Advocate For The Respondent :(AAG1) ---------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI A.KTripathi,J Petitioner wants a direction upon the then Bihar State Agriculture Marketing Board and its subordinates for refund of Rs. 1,12,881/- which was deposited by him for settlement of Kachwa Sabzi Hat in his favour for which no agreement ever come to be executed between the parties and the object and purpose for depositing the said amount having been lost. The brief facts are that for the financial year 1999-2000 the settlement of the said Hat was made in favour of the petitioner for which he deposited the necessary stamp paper for preparation of the agreement between the parties but for the reasons best known to the respondents the same did not frutify. When the respondents did not refund the money deposited for obtaining the said settlement, the petitioner approached this Court for direction upon them for its refund - 2 - along with the interest. During the pendency of the writ application the State of Bihar by a legislation has repealed the Marketing Act as well as abolished the Agricultural Marketing Board. All right, title and interest in terms of the provisions of the Act has been vested in the State of Bihar. In that view of the matter, a direction will now have to be given upon the State Government. Since no counter affidavit has been filed by the respondents denying the liability, therefore the present writ application is disposed of with liberty to the petitioner that he shall file his claim before the competent authority of the State Government along with a copy of this order and the competent authority after verifying the claim of the petitioner will take step for refund of the deposited amount of the petitioner, if the claim of the petitioner of the deposit is otherwise found to be in order. A decision in this regard must be taken within three months from the communication or production of a copy of the order. If for any reason which are cogent the claim of the petitioner is rejected the same will be done by a speaking order within the same time frame and also communicated to the petitioner in this regard. Needless to say the petitioner has also liberty to claim interest on the amount which has been lying with the respondents for almost ten years now. This writ application is allowed to the extent indicated above. (Ajay Kumar Tripathi, J.) Patna High Court, Patna Dated the 11th November, 2008 NAFR/RPS/Sr. Secy.