- (1.) Seeking A Direction for release of earnest money deposit for the licence issued to the petitioner for sale of foreign liquor for the period between 01.04.2011 to 31.03.2012, the present writ petition has been filed
(2.) Mr. Sachin Kumar, The Learned Counsel For The Petitioner refers to Clause 13 (ka) of the Sale Notification dated 12.02.2011 and submits that a licensee is required to deposit 1/12th of the license amount which was to be adjusted in the last two months of the financial year. The balance amount would be paid to the licensee after 30th June, 2012 after the adjustment. It is submitted that under the licence, a licensee is liable to pay interest at the rate of 5% in case of default in making payment of the licence fee, which shall be paid on or before 20th of each month. It is submitted that the security deposit of the petitioner was not paid to him even for three years and only after the present writ petition was filed, the respondents took steps in the matter and therefore, suitable interest may be awarded to the petitioner on the amount of security deposit.
(3.) Mrs. Chaitali C. Sinha, the learned counsel for the respondent State of Jharkhand submits that the security deposit of the petitioner has been paid to him by demand draft. In the counteraffidavit the respondents have taken a stand that after respondent no.2 ordered refund of security deposit to the petitioner, the bill was prepared and handed over to him for encashment. The respondents have averred as under: 10. "That the said amount of the security of the petitioner was deposited under head "0039" by the answering respondent no. 3. After order of refund by respondent no. 2 bill was prepared and handed over to the petitioner for encashment. However, the said bill could not be passed by the treasury as there was some difficulty in the "head" and when advice was attempted in the computer, the computer gave a message "not valid head". This fact was communicated by the Treasury Officer to the D.C. Giridih. 11. That in the above situation the D.C. Giridih wrote to the Principal Secretary, Finance Department, Govt. of Jharkhand intimating him the aforesaid electronic difficulty and for providing head "8443" instead of head " 0039. 12. That the aforesaid electronic/technical/administrative difficulty was sorted out and finally the security amount has been paid to the petitioner vide demand draft dated 28.05.2015 which is duly received by the petitioner".;