IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13812 of 2008 SUDHANSHU SHEKHAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 26.4.2010 Heard learned counsel for the parties. Petitioner’s bus bearing No. BR-10P-9394 was requisitioned or seized by the Magistrate Incharge of election vehicle in Khagaria district. The election in question was Vidhan Sabha election 2005. According to the petitioner the vehicle remain engaged between 15.10.2005 to 19.12.2005. Some payments have been made but the balance of Rs. 28,100/- still remain due. This writ application was filed on 9.9.2008. No counter affidavit on behalf of the respondent State authority has been filed. In otherwords there is no explanation offered for non- payment of balance amount. In view of above stated circumstance, this writ application is disposed of with a direction upon the District Magistrate-cum-District Election Officer, Khagaria that he shall take into consideration the representation dated 17.4.2007 which is addressed to him and take cognizance for payment of balance amount preferably within a period of three months. If there is any legal and valid reasons for refusing, the petitioner must be communicated the outcome within the same period. If no such decision is taken within the same period the Court will take the matter seriously and appropriate action will - 2 - be taken in this regard if the claim of the petitioner is found to be in order and no payment is made within the time frame then the petitioner will be entitled interest at the rate of 6% per annum from the period it was due till its payment. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)