IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.16762 of 2009 ==================================================== Uma Shankar Prasad S/O Late Bhagwan Prasad, R/O Vill, P.O & P.S- Darihat, Distt- Rohtas Versus 1. The State of Bihar through the Secretary to the State Government-cum- Excise Commissioner, Bihar, Patna 2. The Collector, Rohtas At Sasaram 3. The Assistant Commissioner of Excise, Rohtas at Sasaram ==================================================== Appearance : For the Petitioner: Mr. G.P. Bimal, Advocate For the Respondents: Mr. Vikas Kumar, A.C to AG ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 7 15.11.2010 With the consent of the learned advocates the writ petition is heard and decided today. This petition under Article 226 of the constitution has been filed by the licensee for recovery of the amount of security deposit. The petitioner was granted licence for country liquor shop for the year 1999-2000. At the end of the financial year the petitioner was entitled to recover Rs. 34,485/- deposited by him as security. The said security deposit was not refunded to the petitioner. After years of 2 persuasion, the Excise Commissioner by order dated 15th January 2007 ordered refund of the aforesaid amount of security deposit. Nevertheless the said amount was not paid to the petitioner. Feeling aggrieved the petitioner filed the present writ petition for recovery of the amount of security deposit with interest. Pending the writ petition the aforesaid sum of Rs. 34,485/- has been paid to the petitioner on 23rd July 2010. The question that now remains is for interest. Learned Advocate, Mr. G.P. Bimal, appears for the petitioner. He has submitted that undue delay in refund of security money has been caused on account of indifference on the part of the respondent authorities. The petitioner is, therefore, entitled to recover of the security money with interest at the rate of 12% per annum. He has relied upon orders made by this Court (Corum- Mr. Justice Barin Ghosh as he then was and Mr. Justice C.M. Prasad) in the matter of Rishi Muni Devi versus the State of Bihar & Ors. (C.W.J.C. No. 1240 of 2008 decided on 22nd May 2008) and in the matter of Kaushalendra Prasad versus the State of Bihar & Ors. (C.W.J.C. No. 9537 of 2008 decided on 18th September 2008; Corum- Chief Justice R.M. Lodha, as his Lordship then was and Mr. Justice K.K. Mandal). The writ petition is contested by learned Advocate Mr. Vikas Kumar, A.C. to A.G. appearing for the State of Bihar. He has submitted that the petitioner has received the amount of security money on 23rd July 2010 without 3 protest. He is, therefore, not entitled to interest. We fail to comprehend the defence taken by the State Government. At first it retained the citizen’s money without authority of law. Even though the Commissioner of Excise had made the order on 15th January 2007, the money was not paid to the petitioner until he filed the present writ petition. The respondents have thus driven the petitioner to avoidable litigation. The writ petition, therefore, deserves to be allowed. The petitioner will be entitled to recover interest on the aforesaid amount of security money at the rate of 10% per annum from 1st April 2000 till 23rd July 2010, the date of receipt of the security money. The aforesaid amount of interest will be paid within five weeks from today. In the event the respondent No.2 fails to pay the amount of interest as directed the petitioner will be entitled to recover interest at the rate of 12% per annum from 1st April 2000 till 23rd July 2010. The parties will bear their own cost. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)