IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11717 of 2005 1. Surya Narain Roy son of late Dukha Rai resident of village-Chapahi, Post-Chapahi, Via-Rajnagar, District- Madhubani. 2. Shiv Shankar Rai son of Sri Guneshwar Rai, resident of village-Chapahi, Post-Chapahi, via-Raj Nagar, District- Madhubani. 3. Ramesh Jha son of sri Shivv Narain Jha, resident of village-Khatuaha Post-Khairee District-Samastipur. Versus 1. The State of Bihar 2. The Chairman, Zila Parishad, Darbhanga. 3. The Deputy Development Commissioner cum-Chief Executive Officer, Zila Parishad, Darbhanga. 4. The Director Panchayat Raj, Bihar, Patna. 5. The Collector, (District Magistrate) Darbhanga. ---------------------------------- 2. 11.11.2011 Heard Mr. Ratan Kumar Kumar for the petitioners. Nobody appears on behalf of the State or the Zila Parishad, Darbhanga. The writ petition has been filed for a direction to the respondents to allot shops to them for which they have deposited certain amounts of money. In the counter affidavit filed by the Zila Parishad, Darbhanga it has been stated that initially the petitioners were not among the allottees but subsequently offered shops at a different place for which extra security deposit was required but the same was not paid by the petitioners. It has also been stated that the amount deposited by them have been kept in the Central Co- operative Bank, Laheriyasarai, Darbhanga. The said bank is under liquidation and the amount deposited by the petitioner were released alongwith the interest and infact even cheque 2 was prepared in their name and intimation given to them. It is thus contended that there is no laches or fault on the part of the respondents and the petitioners themselves are to blame. Learned counsel for the petitioners submits that the amount was lying with the Zila Parishad for a long period and appropriate orders be passed awarding interest on the amount deposited. In the alternative, he submits that the respondents be directed to consider the case of the petitioner for allotment of shops in future. Considering the facts and circumstances of the case the writ petition is disposed off with liberty to the petitioners to approach the authority concerned for allotment of shops which are available in future. If such representation is filed by the petitioners then the respondent authority shall consider the same in accordance with law. As far as the amount deposited by the petitioners is concerned, the same shall be returned to them, if already not done, alongwith the admissible interest by issuing cheques in their names. The same should be done within two months from the date of receipt/production of a copy of this order upon the respondent no. 3. Anand Kr. (Ahsanuddin Amanullah, J.)