IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3033 of 2006 1.SUBODH KUMAR MEMORIAL MAHILA COLLEGE Mohiuddinpur, Punpun, Patna, through its Secretary Braj Nandan Prasad Singh. 2.Braj Nandan Prasad Singh Son of Late Mung Lal Singh, Resident of Village-Salarpar, Police Station- Parsa Bazar, Post Office-Sakraicha Via Punpun, District-Patna. Secretary of Subodh Kumar Memorial Mahila College, Mohiuddinpur, Punpun, Patna. Versus 1.THE STATE OF BIHAR. 2.Magadh University, Bodh Gaya, Gaya. Through Registrar Magadh University Bodh Gaya, Gaya. 3.Vice Chancellor, Magadh University, Bodh Gaya, Gay. 4.Registrar, Magadh University, Bodh Gaya, Gaya. 5.Finance Officer, Magadh University, Bodh Gaya, Gaya. ----------- 2 10/8/2009 Heard counsel for the petitioners and counsel for the State. This Court, without going into merits of the controversy, would find that grievance of the petitioners as with regard to refund of Rupees one lac allegedly deposited for inspection and recognition of the college in question has already been directed to be refunded to the petitioner pursuant to the request made by the institution as would appear from order of the Registrar of the Magadh University dated 23.3.2002. Such order, in fact, is being inter departmental communication that too with the tacit approval of the Vice Chancellor ought to have been complied. Grievance of the petitioner, therefore, that even after seven years of such order of the Registrar amount has not been refunded is a serious matter. It was infact expected that after copy 2 of the writ application, filed on 3.3.2006, had been served on the counsel for the University a counter affidavit by now ought to have been filed. Such, however, is not practice of the University to file counter affidavit in time and consequently, this Court has two options, namely, either to keep the matter pending or decide the matter in absence of counter affidavit. Keeping this writ application pending will however serve no purpose and therefore this Court would direct the respondent-University and its officials to ensure that if the order of the Registrar of the University as contained in Annexure-6 till date has not been recalled/modified or rescinded the same must be given effect to within a period of one month from the date of receipt/production of a copy of this order. With the aforementioned observation and direction this application is finally disposed of. Abhay Kumar (Mihir Kumar Jha, J.)