ORDER With the consent of the learned advocates, the Appeal is heard and decided today. 2. Feeling aggrieved by the judgment and order dated 21st April 2010 passed by the learned single Judge in above CWJC No. 5131 of 2003, the respondent Bihar State Housing Board (hereinafter referred to as “the Board”) has preferred this Appeal under Clause 10 of the Letters Patent. 3. The short question which arose in the writ petition was that of allotment of a plot of land to the petitioner. The petitioner had applied for allotment of a plot of land in the Housing Project at Digha, Patna and had deposited the Registration fee and the earnest money of Rs. 6648/-. It is conceded that the Board is unable to allot land and that the Board is required to refund the amount of Registration fee and the Earnest Money Deposit made by the petitioner. The question is that of rate of interest. 4. Learned single Judge has, under the impugned judgment and order, directed the Board to refund the amount of Registration fee and the Earnest Money Deposit made by the petitioner with interest at the rate of 10% compounded annually from the date of respective deposits till the date of payment. Therefore, this Appeal. 5. Learned Additional Advocate General Mr. Lalit Kishore has appeared for the appellants. He has submitted that the matter is governed by Regulation 45 of the Bihar State Housing Board (Management and Disposal of Housing Estates) Regulation, 1983. The said regulation provides for refund of the Earnest Money Deposit with interest at the rate of 5%. He has submitted that the above referred Regulation 45 was not brought to the notice of the learned single Judge. 6. This Court has now and again considered the said Regulation and has made order in consonance with the said Regulation. Even the Hon’ble Supreme Court has held that the Court cannot give a direction to pay interest contrary to the interest regulated by the statute or Regulation 45 of the Bihar State Housing Board (Management and Disposal of Housing Estates) Regulation, 1983. 7. The aforesaid legal proposition has not been opposed by learned advocate Mrs. Namrata Mishra appearing for the petitioner. She has, however, relied upon the judgment of this Court (Coram: Nagendra Rai & Chandramauli Kumar Prasad, JJ, as they then were) in the matter of Chairman-cum-M.D., Bihar State Housing Board Vs. 7. The aforesaid legal proposition has not been opposed by learned advocate Mrs. Namrata Mishra appearing for the petitioner. She has, however, relied upon the judgment of this Court (Coram: Nagendra Rai & Chandramauli Kumar Prasad, JJ, as they then were) in the matter of Chairman-cum-M.D., Bihar State Housing Board Vs. Smt. Aparana Devi & Ors. (LPA Nos. 515 of 2001 & other analogous cases, decided on 15th October 2001). 8. Let it be noted that in the said judgment the learned Judges of this Court had no occasion to consider the order of the Hon’ble Supreme Court or the aforesaid Regulation 45 of the Bihar State Housing Board (Management and Disposal of Housing Estates) Regulation, 1983. Evidently, the said judgment is per inquirium Regulation 45 of the Bihar State Housing Board (Management and Disposal of Housing Estates) Regulation, 1983 and the order of the Hon’ble Supreme Court. 9. The impugned judgment and order, not being in consonance with the aforesaid Regulation 45, the Appeal is allowed. The impugned judgment and order dated 21st April 2010 passed by the learned single Judge in CWJC No. 5131 of 2003 is set aside to the extent the learned single Judge has directed the Board to pay interest at the rate of 10% per annum compounded annually. The impugned judgment and order is modified to the effect that the petitioner will be entitled to refund of the amount of Registration fee and the Earnest Money Deposit with interest at the rate of 5% per annum and to payment of costs of Rs. 5000/- awarded by the learned single Judge. The amount of interest will be computed from the dates the Registration fee was paid and the Earnest Money was deposited till the date of remittance. The amount of Registration fee, the Earnest Money Deposit and the statutory interest thereon together with the costs awarded by the learned single Judge will be paid to the petitioner within one month from today. In the event the appellant-Board fails to remit the above referred amounts within the specified time, the petitioner will be entitled to costs of Rs. 100/- (One hundred) for delay of one month or any part thereof. 10. Appeal stands allowed to the aforesaid extent. Interlocutory Application stands disposed of.