Baban Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14430 of 2022 ====================================================== Baban Prasad Singh S/o Late Mathura Prasad Singh, Resident of Village - Sheori Gopi Nathpur P.O. - Bahilwara Govind, P.S. - Saraiya, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Home (Police) Department Govt. of Bihar, Patna.

2.

The Joint Secretary, Home (Police), Department Govt. of Bihar, Patna. 3.

Director General of Police, Govt. of Bihar, Patna. 4.

Deputy Inspector General of Police (Admn.) Bihar, Patna. 5.

Inspector General of Police Muzaffarpur, District - Muzaffarpur. 6.

Deputy Inspector General of Police, Tirhut Range, Muzaffarpur. 7.

District Magistrate Muzaffarpur, District - Muzaffarpur. 8.

Superintendent of Police, Muzaffarpur, District - Muzaffarpur. 9.

Officer In charge, Karja Police Station, District - Muzaffarpur. 10.

Sub-Divisional Magistrate cum House Controller, West, Muzaffarpur. 11.

Circle Officer, Marwan Block, District - Muzaffarpur. 12.

Executive Engineer, Building Division Muzaffarpur, District - Muzaffarpur. 13.

Junior Enginer, Marwan Block, District - Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Respondent/s :

Mr.Md. N.H. Khan (Sc1) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 03-07-2023 The present writ petition has been filed for directing the respondents to pay rent at the rate of Rs. 10.00 per square feet from the year, 1993 till date for two rooms admeasuring 490.49 square feet as also for payment of the enhanced rent for three rooms with effect from 1995 and onwards along with penal

Patna High Court CWJC No.14430 of 2022 dt.03-07-2023 2/3 interest at the rate of Rs. 12 % per annum.

2.

The learned counsel for the petitioner has submitted that Karja Police Station in the District of Muzaffarpur is running in three rooms, taken on rent from the petitioner since 9.9.1992 and subsequently, two more rooms were taken on rent by the Karja Police Station in the year, 1993, apart from vacant land, ad-measuring 4210 square feet, belonging to the petitioner, having been occupied by the said police station. It is also submitted that the petitioner had filed a case before the SubDivisional Magistrate-cum-House Controller, West, Muzaffarpur i.e. the Respondent No. 10, bearing B.C. Case No. P-11/17, whereafter the Respondent No. 10, by an order dated 05.10.2019, fixed the rent of the Karja Police Station at the rate of Rs. 6600/- per month with effect from 1.4.2011 to 31.3.2014 and Rs. 7260/- per month from 1.4.2014 to 31.3.2017, apart from enhancing the rent to a sum of Rs. 7986/- per month with effect from 1.4.2017.

3.

It is the case of the petitioner that the enhanced amount of rent, as fixed by the Respondent No. 10, is not being paid to the petitioner, leading to the petitioner approaching this Court by way of present writ petition.

4.

Per contra, the learned counsel for the Respondent-State

Patna High Court CWJC No.14430 of 2022 dt.03-07-2023 3/3 seeks to file a counter affidavit, which is taken on record, wherein it has been stated that the entire outstanding dues of rent, as per the order dated 05.10.2019, passed by the Respondent No. 10, amounting to a sum of Rs. 2,31,294/-, has already stood paid to the petitioner, hence, now nothing survives for consideration in the present writ petition. 5.

At this juncture, the learned counsel for the petitioner submits that in case of any subsisting grievances, the petitioner be granted liberty to approach the appropriate forum for redressal of the same. Liberty, so sought, is granted. 6.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.08.2023 Transmission Date NA