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Patna High CourtCWJC/18091/2014disposed

Girija Devi v. The State Of Bihar And ORS

2024-08-08Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18091 of 2014 ====================================================== Girija Devi Wife of Late Om Narayan Pandey Resident of Mohalla - Kaliasthan, Kachhari Sasaram, P.S. - Sasaram, District - Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Registrar, Co-operative Societies, Bihar, Patna. 3.

The District Magistrate, Rohtas at Sasaram.

4.

The District Co-operative Officer, Sasaram, Rohtas. 5.

The Sub Divisional Officer, Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mithilesh Kumar Upadhyay, Advocate Ms. Tetara Kumari, Advocate Ms. Nupur Aanand, Advocate For the Respondent/s :

GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-08-2024 The present writ petition has been filed seeking the following reliefs:- "1. That this writ application is being filed for a direction to the authorities to pay the arrears of rent to the petitioner with interest @ 18% per annum, which have been fixed by a competent authority in a rent fixation case, which is admitted one and have been withheld deliberately in violation of orders of their own authorities and/or any other order/orders may be passed in the facts and circumstances of the case."

Patna High Court CWJC No.18091 of 2014(6) dt.08-08-2024 2/3 2.

At the outset, the learned counsel for the respondent-State submits that the petitioner has already been paid the monthly rent for the period 20.05.2004 to December, 2012 @ of Rs. 3,906/- per month, however, the learned counsel for the petitioner submits that the learned Court of Rent Controller-cum-Sub-Divisional Officer, Sasaram, by an order dated 11.04.2005 has also directed for incremental rise in the rent by 25%, every three years, hence he be granted liberty to approach the District Cooperative Officer, Sasaram, where he shall produce the said order dated 11.04.2005, and the District Cooperative Officer, Sasaram be directed to adjudicate the subsisting grievances of the petitioner.

3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the District Cooperative Officer, Sasaram, by filing appropriate representation, setting out therein the entire calculation of the arrears of rent as also annexing a copy of the aforesaid orders dated

Patna High Court CWJC No.18091 of 2014(6) dt.08-08-2024 3/3 11.04.2005 and 12.04.2005, passed by the Ld. Rent Controller-cum-Sub-Divisional Officer, Sasaram, within a period of four weeks from today, whereupon the District Cooperative Officer, Sasaram shall consider the same, in accordance with law and pass a reasoned and a speaking order, within a period of six weeks thereafter and shall also pay the admitted outstanding arrears of rent within the said time frame.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U