IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No 90 of 2009 Ram Sagar Pathak, son of Shri Kant Pathak, resident of village – Mathar, P S – Nayagaon, District – Begusarai - Petitioner Versus 1 The State of Bihar through District Magistrate, Begusarai 2 The Deputy Development Commissioner, Begusarai 3 The Commissioner, Water Resources, Minor Irrigation Department, Bihar, Patna 4 The Secretary, Minor Irrigation Department, Bihar 5 The Block Development Officer, Matihani, Begusarai-Respondents/Ops *** For the petitioner : M/s Ashutosh Ranjan Pandey, Sanjay Prasad, Advocates For the S t a t e : Mr Ashok Kr Dubey, AC to AAG IV *** 5 19.01.2011 This review application is akin to curative petition in respect of order dated 13.02.2009 passed in CWJC No 16212 of 2007. By the said order, this Court noticed that the amounts, that were payable to the petitioner, were kept by the State in civil deposit which the petitioner was entitled to receive. This amount was directed to be paid to the petitioner and if there was a delay in payment thereof, petitioner was to be compensated with 6% interest. By this petition, petitioner having sought information under Right to Information Act, he found out that while the money was kept for almost a decade in civil deposit by the Government, it was earning interest for the Government. Upon this new information, petitioner submits that depriving petitioner of his dues, State has earned interest in the civil deposit. As such, State may be directed to compensate the petitioner with the interest which State has earned over the said deposit. In my view, this is a new fact in relation to the old case 2 which justifies interference by Court. State cannot act arbitrarily. If upon petitioner’s money State has earned interest, upon payment of that money to the petitioner, State must pay interest for petitioner has lost usage of his money. Thus, I order that the amount of interest, as earned by the State in respect of petitioner’s money as deposited in the civil deposit for the entire period, must be calculated and paid over to the petitioner within one month from the date of production of a copy of this order before the Collector, Begusarai. This application is, accordingly, allowed. M.E.H./ (Navaniti Prasad Singh)