IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18303 of 2009 1. JAI MANGAL SINGH S/O LATE RAMSHRAY SINGH R/O PLOT NO. F/I, ASHIANA NAGAR, PHASE-II, P.S- RAJEEV NAGAR, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, DEPRTMENT OF URBAN DEVELOPMENT, GOVT. BIHAR, PATNA 3. THE BIHAR STATE HOUSING BOARD, THROUGH ITS MANAGING DIRECTOR, MANGLES ROAD, PATNA 4. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, MANGLES ROAD, PATNA 5. THE ESTATE OFFICER, BIHAR STATE HOUSING BOARD, MANGLES ROAD, PATNA 6. THE EXECUTIVE ENGINEER, BIHAR STATE HOUSING BOARD, BAHADURPUR HOUSING COLONY, PATNA DIVISION,-2, PATNA ----------- For the Petitioner:- Mr. Ajey Kumar, Adv. For the State:- Mr. Manoj Kumar Sinha, Adv. For the respondent nos. 3 to 6 :- Mr. Rajiv Narayan Singh, Adv. Mr. Sanjay Kr. Sinha, Adv. ---------------- 2. 11.02.2011 Heard learned counsel for the petitioner and the respondent Housing Board. The limited prayer in this application is for refund of Rs. 55,934/- along with interest stated to have been deposited by the petitioner on 24.10.1991 on the ground that the respondent Board never made any allotment in his favour notwithstanding the deposit. From the writ petition it appears that after making the deposit on 24.10.1991, he paid certain further amounts up till 31.11.1997. Having superannuated from the service on 31.8.2003 he 2 now finds leisure to pursue matters. Counsel for the Board rightly submits that the petitioner appears to have slept over the matter himself from 31.11.1997 till he filed the present writ application on 22.12.2009 and therefore it may not be very fair to impose interest upon the Board for the said period also. Learned counsel for the petitioner relies upon a judgment of the Supreme Court reported in 2007(1) PLJR 246 (Sita Devi Vs. Bihar State Housing Board & Ors.) that he is entitled to refund of the principal amount with interest at the rate of 6%. He appears to have raised the claim for refund on 6.12.2008. Applying the ratio laid down in the judgment, he is held entitled for the principal amount at the rate of 6% from the date of demand i.e., 6.12.2008 till date the actual payment is not made to him. Let this order be complied with within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed in the aforesaid terms. P. Kumar ( Navin Sinha, J.)