IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15576 of 2009 Patna Tent Decorators & Ceilin Decorators, Bhagalpur, through its Proprietor Ainul Haque, son of late Abdul Haque having its office at Picture Place Gate, Khalifabag, P.S.- Kotwali, District- Bhagalpur, resident of Hakim amir Hussain in Lane, Tatarpur, P.S.- Tatarpur, District- Bhagalpur. Versus 1. The State Of Bihar 2. The District Election Officer (Panchayat)-Cum-District Magistrate, Bhagalpur. 3. The District Panchayat Raj, Officer, Bhagalpur. ----------- 13 26.07.2011 The writ application has been filed for payment of Rs. 21,07,100.30/- with 12% interest for doing the work in Panchayat Election, 2006 in the District of Bhagalpur. The work, being conducted by the petitioner, was not denied by the respondent no.5, however the only dispute was with regard to the quantum of the payment. Vide order dated 30.05.2011, this Court directed the respondent authority to conclude the enquiry by the three members constituted Committee. It appears from the supplementary counter affidavit that three members Committee found the liability to the tune of Rs. 11,10,857/- against the claim of the petitioner of Rs. 21,17,516/- It appears from the undertaking given by the petitioner before the District Panchayat Officer on 29.06.2011, that the petitioner accepted the recommended - 2 - payment and also consented for withdrawal of this writ application. The same has been brought on record as Annexure-D, the relevant extract of the same reads as follows:- pw¡fd ,d yach vof/k ls djk, x, dk;ksZa dk Hkqxrku ugha gksus ds dkj.k ls vkfFkZd :i ls VwV pqdk gwWa vkSj cSad ,oa cktkj ds _.k Hkko ls eqDr gksus ds fy, dfefV }kjk vuqlaf”r jkf” dk Hkqxrku ysus ds vykos eq>s vkSj dksbZ fodYi ugha gSA blfy, eSa vuqlaf”r jkf” ds Hkqxrku ds ysus gsrq viuh O;fDrxr lgefr iznku djrk gw¡ lkFk gh Hkqxrkuksijkar ekuuh; mPp U;k;ky; esa okn dks Hkh okil ysus dh lgefr nsrk gw¡A The aforesaid fact incorporated in Annexure- D has not been denied by the petitioner, but it is submitted that under certain circumstances, the petitioner accepted the claim and agreed to withdraw the writ application, but still he claims certain interest on the payments as it was not made for about five years. In view of the admission of the petitioner as gets reflected from Annexure-D, the writ application is disposed off with a liberty to the petitioner to pursue his remedy for the claim of the interest before the authority concerned. Amrendra/- (Dinesh Kumar Singh, J.)