IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.17587 OF 2008 MD.USMAN NEAZI, S/O LATE MD MIYANJAN, MOHALLA YASIM COLONY, BARI ROAD, GAYA. VERSUS (1) THE STATE OF BIHAR (2) THE CHIEF ENGINEER, PHED MUZAFFARPUR (3) SUPERINTENDING ENGINEER PHED, DARBHANGA (4) THE EXECUTIVE ENGINEER PHED, DARBHANGA (5) THE SDO, PHED, LAHERIA SARAI. ----------- 5 18.09.2009. Heard learned counsel for the parties. The petitioner prays for a direction to respondent numbers 2 and 3 for giving delivery of iron scraps GI and CI Fitting and GI pipe damaged taken by him on auction held on 13.6.2007 at Darbhanga by respondents. The petitioner states that he deposited the auction amount of Rs. 3,95,500/-, receipt of the same is contained in annexure- 1. The petitioner further states that two trucks of scraps were only handed over to him. Even the Executive engineer vide his memo no. 909 dated 4.2.2007, confirmed the fact that the petitioner being the highest bidder paid the entire amount and as such all the materials should have been handed over to him. The Assistant engineer directed the Junior engineer to comply the aforesaid direction. It would appear from annexure 4 dated 30.4.2007 that goods could not be handed over to the petitioner on account of water logging. Respondents filed affidavit stating therein that some of the materials were again sold to one Krishna Singh, subsequently the auction made in favour of Krishna Singh was cancelled. Krishna Singh filed writ petition before this court bearing C.W.J.C.No. 3622 of 1998, which was allowed on 4.1.2000. In Para - 2 - 13 of the counter affidavit, it is stated that Secretary cum commissioner, PHED, Government of Bihar, Patna issued order dated 11.6.2001 directing that petitioner’s (Krishna Singh) tender to lift the scrap materials from godown of the different divisions of the PHED is confined to the divisions of Sasaram, Bhabua, Sitmarhi and Patna (Mechanical). It appears that the State of Bihar moved the Apex court being LPA No.847 of 2004 against order dated 22.3.2004, passed in C.W.J.C.No. 7638/2001 which was dismissed on 6.11.2006 by a Division Bench of this Court. It is submitted by the State that the department has filed SLP in the Apex Court, as such in view of the aforesaid circumstances, remaining materials could not be supplied to the petitioner. Counsel for the petitioner states that agreement still subsists and has not been cancelled. Heard the counsel for the parties and perused the record. If some of the materials in question were subject to adjudication before this court, the respondents ought not to have put the same to auction. A sum of more than Rs. 2.50 lacs of the petitioner remained locked for more than two years. In para 20 of the counter affidavit, the State has submitted that the Engineer in chief vide memo no. 596 dated 16.6.2009 has directed the Executive engineer, PHED, Darbhanga to refund the balance amount to the tune of Rs.2,52,405/- out of Rs. 3, 95,500/- . - 3 - As the money of the petitioner remained locked for about 2 years on account of fault of the department, the latter is liable to compensate the petitioner for the same. In the circumstances, I direct the respondents to refund the balance amount within a period of six weeks from the date of receipt/production of a copy of this order with simple interest at the rate of 9 percent per annum from 1.4.2008. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J).