SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Y.V. Giri, Senior Advocate appearing for the petitioners and Mr. Rajnandan Prasad, J. C. to the Advocate General representing the State.

(2.) IN the counter affidavit filed on behalf of the State the claim of the petitioners is not denied. As a matter of fact it cannot be denied as there is already an order passed by the Excise Commissioner allowing the petitioners ' claim for refund for the days of extra closure of their respective retail vends. In the counter affidavit an attempt is made to explain the delay in making actual payments to the petitioners and in this regard it is stated that the petitioners too were at least partially responsible for the delay since they did not approach the authorities for payment for a long time.

(3.) IT will be open to the Excise Commissioner to have an enquiry made to fix the responsibility for the delay in making payments to the petitioners as a result of which the State is saddled with the liability of interest and to take suitable action against the officer(s) responsible for the same.