IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13902 of 2009 1. SYED ALI ANWAR S/O LATE SYED ALI AZHAR VILL.- PIPRA, P.S.- BHAIROGANJ, DISTT.- WEST CHAMPARAN, PRESENTLY POSTED AS AN ASSISTANT TEACHER, AT MIDDLE SCHOOL, JHURA PAKARI, P.S.- RAM NAGAR, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE BIHAR STATE HOUSING BOARD, THROUGH ITS MANAGING DIRECTOR 6, SARDAR PATEL MARG, PATNA 3. THE MANAGING DIRECTOR BIHAR STATE HOUSING BOARD, 6, SARDAR PATEL MARG, PATNA ----------- 4/ 13/12/2010 Heard learned counsel for the petitioner and learned counsel for the Bihar State Housing Board. The claim in this writ application is for refund of earnest money of Rs.2000/- deposited by the petitioner for allotment of a residential plot on 15.1.1979. Learned counsel for the petitioner submits that till date no allotment has been made and therefore the petitioner is entitled to refund of the deposit with interest. Learned counsel for the Board relies upon Clause-45 of the Bihar State Housing Board Regulations, 1983 (w.e.f. 24.5.1983) to submit that only 5% interest was payable on the amount of the earnest money from the date of coming into force of the Regulations and no claim prior thereto was admissible. It is next submitted on behalf of the Board that there is no statement of any effort made by the petitioner for refund before 29.7.2009 when he represented for the - 2 - purpose. In the nature of the controversy, the facts, and the conduct of the parties, the petitioner must share part of the blame also. He appears to have made no efforts for refund after deposit of the amount in 1979 till coming into force of the Regulations in 1983. The question of granting him any interest prior to the period specifically prohibited under the Regulations does not arise. For the period after the coming into force of the Regulations i.e. 24.5.1983, is entitled to interest at the rate of 5% only. Insofar as the period after submission of the representation, if what the petitioner contends is correct, the Board has obviously enriched itself unlawfully by retaining the amount of the petitioner, the Board is obliged to refund and pay interest on the arrears at the rate it charges from the allottees as may have been applicable to the scheme under which the petitioner was an applicant. At this stage, counsel for the petitioner submits that he has no objections if the respondents calculate the dues of the petitioner in the aforesaid manner with regard to deposit of earnest money and in the event that the petitioner applies for a fresh allotment under a fresh advertisement the amount should be set off for earnest money or excess as the case may be. The Court considers - 3 - the prayer very reasonable. If the petitioner represents accordingly, the Board is directed to consider his representation in the light of the present discussion. The writ application stands disposed. KC ( Navin Sinha, J.)