IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19423 of 2011 Bijendra Kumar Sinha, Son of Sri Babua Nand Sinha, Resident Of Mohalla:-Near Kali Bari, 'Ajay Bhawan', P.O. + P.S.:-Rajgir, District:- Nalanda……………………………………..………..Petitioner. Versus 1. Bihar Industrial Area Development Authority (In Short BIADA), through Its Managing Director, 1st Floor, 'Udyog Bhawan', East Gandhi Maidan, Patna-4. 2. The Managing Director, Bihar Industrial Area Development Authority (In Short BIADA), 1st Floor, 'Udyog Bhawan', East Gandhi Maidan, Patna-4. 3. The Executive Engineer, Bihar Industrial Area Development Authority (In Short BIADA), 1st Floor, 'Udyog Bhawan', East Gandhi Maidan, Patna-4………………………..Respondents. ---------------------------------- 02/ 14.11.2011 Heard learned counsel for the petitioner. No one appears for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (I) For commanding and directing the concerned respondent to refund entire amount of security deposit/performance guarantee to the petitioner along with interest @ 18% per annum from the due date relates to “Construction of Compound Wall at Industrial Area, Jamalpur” because in spite of completed the said work and laps of defect liability period the authorities have silent over the matter. (II) For pass such an order or orders for which the petitioner is entitled under the law in the facts and circumstances of this instant case. 3. Learned counsel for the petitioner submits that the aforesaid claim of the petitioner is supported by the certificate of the Executive Engineer, Bihar Industrial Area Development Authority and the recommendations made by Junior Engineer and Assistant Engineer - 2 - on the application of the petitioner dated 27.01.2011. 4. Considering the entire facts and circumstances of this case as well as the averments made by learned counsel for the petitioner, this writ petition is disposed of with a liberty to the petitioner to approach the Managing Director, Bihar Industrial Area Development Authority, Patna (respondent no.2) along with an application giving the details of his claim regarding security amount and interest. If such an application is filed within fifteen days from today along with a copy of this order, the said authority shall consider the same in accordance with law and shall decide it by a speaking order within three months thereafter. If any amount or interest is found admitted and payable it should be paid to the petitioner immediately thereafter. However, if any amount or interest is not found admitted and payable in the said order, the petitioner will be at liberty to challenge the same before an appropriate forum. Harish (S.N.Hussain, J.)