IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6485 of 2008 BINDESHWARI RAWAT Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Badri Narayan Singh, Advocate For the Respondents : Mr. Vikas Kumar, Junior Counsel to Advocate General ---------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 5th September, 2008. We heard the counsel for the petitioner and the counsel for the State. 2. In the counter affidavit, particularly in paragraph 10, it is stated that the petitioner and his son Sikander Rawat applied for settlement of newly formed lot no.16 Excise shops and they were unsuccessful in the lottery drawn. No rejoinder has been filed by the petitioner controverting this fact. If that be so, in our view, whatever objection the petitioner may have had with regard to the order of the Collector, Jamui dated 2nd April, 2008, those objections were waived by participation in the subsequent settlement of the newly formed lot no.16 Excise shops. 3. At this stage the counsel for the petitioner submits that the refund of the deposit has yet not been made. The - 2 - government counsel is not able to controvert this fact. 4. We, accordingly, dispose of this writ petition by the following order: (i) The writ petition in so far as it challenges the order of the Collector, Jamui dated 2nd April, 2008 is concerned, it is dismissed. (ii) The respondent no.2 is directed to refund the amount deposited by the petitioner pursuant to the tender notice (Annexure-1). The refund shall be made within two weeks from today, failing which petitioner shall be entitled to interest at the rate of 10% per annum from 2nd April, 2008 until such payment is made. 5. We clarify that if payment is made within two weeks from today, no interest shall be payable to the petitioner. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-