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Calcutta High CourtWPA/9473/2025disposed

Sk. Sadique Rahaman v. The State Of West Bengal And ORS.

2025-11-25Hon'Ble Justice Hiranmay Bhattacharyya4 pages

Item- 12.

25-11-2025 WPA 9473 of 2025 Ct. 19 sg Sk. Sadique Rahaman

Versus

The State of West Bengal & Ors.

Mr. Arjun Ray Mukherjee Ms. Saheli Mukherjee Ms. Debapriya ...for the petitioner Mr. Chandi Charan De, AGP Mr. Anirban Sarkar ...for the State Reference may be made to the order dated November 11, 2025 whereby the submission of Mr. Arjun Ray Mukherjee, learned Advocate appearing for the petitioner, was noted that the respondent authorities have not paid rent in respect of the property of the petitioner which is being occupied by the Howrah (Rural) District Administration. The learned Advocate for the petitioner was also directed to supply a calculation as to the amount which the petitioner may be entitled to as per the enhancement already made as indicated in the order dated 19th November, 2024. The learned Additional Government Pleader was also directed to take instruction as to the how soon the balance amount which the petitioner is entitled to as per the enhancement made as indicated in the order dated 19th November, 2024 shall be paid to the petitioner.

Pursuant to the said order, Mr. Ray Mukherjee, learned Advocate for the petitioner, places before this Court a letter dated November 14, 2025 annexing the assessment of

monthly rent of the ground floor and the first floor of the building in question, which is taken on record. Mr. Chandi Charan De, learned Additional Government Pleader, files a statement of facts prepared by the Superintendent of Police, Howrah (Rural) District, which is also taken on record.

From the documents produced by the respective parties in course of hearing of this writ petition, it appears that the assessment of monthly rent of the ground floor and first floor of the building in question as revised with effect from November 1, 2021; September 1, 2016; September 1, 2019 and September 1, 2014, has been made by the competent authority.

Mr. Ray Mukherjee, on instruction, submits that the petitioner is not disputing the quantum of rental compensation fixed by the competent authority in respect of the aforesaid periods for the building in question.

After going through the statement of facts submitted by the Superintendent of Police, Howrah (Rural) District, it appears that admittedly a sum of Rs.26,11,067/- (Rupees twenty-six lakh eleven thousand and sixty seven only) till October 2025, is lying due and payable by the State to the petitioner herein. Though in the letter dated November 14, 2025, a slightly higher amount was claimed by the petitioner but Mr. Ray Mukherjee, on instruction from his client, submits that the petitioner is ready and willing to accept the amount, as calculated by the Superintendent of Police, Howrah (Rural) District, as outstanding amount till the month

of October, 2025.

Since the petitioner is a senior citizen and the rental income is one of the sources of his income, this Court feels that a direction should be passed to release the said outstanding amount in favour of the petitioner forthwith. Out of the outstanding amount of Rs.26,11,067/-, an amount of Rs.10,00,000/- shall be remitted to the bank account of the petitioner on or before December 23, 2025. The balance amount shall be remitted by the end of January, 2026.

It is, however, made clear that the rental compensation for the current months from November, 2025 onwards shall be remitted to the bank account of the petitioner on or before 10th day of each succeeding English calendar month and first of such payment for the month of November, 2025 shall be paid on or before December 10, 2025.

The directions passed in this order shall be without prejudice to the rights of the parties to enter into any agreement in the meantime.

With the aforesaid observations and directions, the writ petition is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Hiranmay Bhattacharyya, J.)