IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9537 of 2008 KAUSHALENDRA PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr.G. P. Bimal, Advocate Mr. Satyabir Bharti, Advocate For the respondents : Mr. Purnendu Singh, Junior Counsel to Advocate General ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Kishore K. Mandal ----- Dated, the 18th September, 2008 The petitioner claims that an amount of Rs.2, 47, 409/-, which was deposited by him by way of security money in respect of various liquor shops settled with him in the district of Nalanda for the year 1999-2000, has not been refunded. He has prayed for refund of the said amount along with interest at the rate of 12% from the date of expiry of licence till actual payment is made. 2. In response to the writ petition, a counter affidavit has been filed. That the petitioner deposited security amount in the sum of Rs.2, 47, 409/- against 15 country liquor shops before the settlement of licences for the year 1999-2000 is not denied. However, it is submitted that a sum of Rs. 32,900/- was payable by the petitioner which was due against the petitioner regarding licence fee against - 2 - Telhara country liquor shop which was not deposited by him and an amount of Rs. 450/- was outstanding towards additional fee against the petitioner having lifted more than 30% of monthly minimum guarantee quota for Kharjama Bazar country liquor shop. 3. The counsel for the petitioner submits that demand of Rs. 32,900/- and Rs. 450/- by the respondents against the petitioner is highly unjustified. He would submit that the petitioner would buy peace and does not want to fight with the mighty State. The respondents may be directed to pay the remaining amount to the petitioner along with interest. 4. In view of the submission of counsel for the petitioner, we are satisfied that the following order will meet the ends of justice: (i) The respondent no.2 (the Collector, Nalanda) is directed to refund a sum of Rs.2,14,259/- to the petitioner together with simple interest @ 12% per annum from Ist April, 2000 until the date of actual payment. (ii) The aforesaid payment shall be made by the respondent no.2(the Collector, Nalanda) to the petitioner within three weeks from today. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil