IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7888 of 2010 BIR CHANDRA MISHRA Versus THE STATE OF BIHAR & ORS ----------- 3 21.5.2010 Heard learned counsel for the parties. The contract awarded to the petitioner with regard construction of Panchayat Samudayik Surksha Kendra in different villages of Bisfi block was frustrated and was not executed for allocation or availability of the land for the purpose. Petitioner filed the writ application that since the contract was closed and frustrated in above circumstances his earnest money ought to be returned. In the counter affidavit the respondents have accepted the position that the contract had to be closed in the above stated circumstances. In view of above now a decision has to be taken to refund the earnest money which they will return to the petitioner in the next two weeks. In view of the statement of the respondents, this writ application stands disposed of with a direction upon respondent no.4 who shall ensure that the earnest money of the petitioner be returned within the time frame indicated in the counter affidavit. RPS (Ajay Kumar Tripathi,J.)