IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16465 of 2004 Vijay Kumar Singh, Son of Late Dilraj Singh, Resident of Village- Paduri, P.O.-Sohagi, P.S.-Nasariganj, District-Rohtas. …………….Petitioner. Versus 1. The State of Bihar. 2. The Director, Department of Health, Bihar, Patna. 3. The Civil Surgeon-cum-Chief Medical Officer, Rohtas, Sasaram. 4. The Incharge Medical Officer, Primary Health Centre, Paduri, Nasariganj, Rohtas. 5. The Circle Officer, Nasariganj, District-Rohtas. …………….Respondents. ----------- 3/- 01.07.2011 Nobody appears on behalf of the petitioner. Mr. Rajesh Kumar Sinha, A.C. to G.P.-21 appears on behalf of respondents. I have perused the writ petition and counter affidavit filed in this case on behalf of respondent Nos. 3 & 4. From perusal of the order dated 28.4.2011, it appears that learned counsel for the respondents was granted two weeks time in order to seek further instruction and file supplementary counter affidavit, indicating thereof as to whether admitted amount of rent has been paid to the petitioner or not. By the said order, learned counsel for the petitioner was also granted time for filing rejoinder to the counter affidavit. Learned counsel for the respondents submits that he has not received further instruction in the matter and the writ petition may be disposed of on 2 the basis of pleading of the parties. The prayer made in the writ petition was for commanding the respondents for making payment of enhanced rent/arrears of rent lying due since 1983. From the pleading of the parties, it is apparent that a building premises belonging to the petitioner was taken on rent by the respondent No. 4 for running a Primary Health Centre, Paduri. Initially, rent of the building was fixed @ Rs. 48/- only per month. In the counter affidavit filed on behalf of respondent Nos. 3 & 4, there is an admission to the fact that rent of the petitioner for building premises in question has not been paid since March 1983 to 13.6.1998. The respondents in their counter affidavit have stated that the building premises of the petitioner was vacated on 13.6.1998 and the Primary Health Centre, has been shifted to the Government building thereafter. The petitioner has claimed in the writ petition that the Circle Officer, Nasariganj, Rohtas, has recommended for enhancement of rent from Rs. 48/- to Rs. 240/- per month. To this aspect of the matter, learned counsel for the respondents submits that Circle Officer, Nasariganj, Rohtas, is not the competent authority to enhance rent. 3 He further submits that the Circle Officer cannot fix the rent beyond Rs. 1,000/- annually for building/premises situated in the rural area to be occupied for health sub-center. There is a categorical statement in paragraph 6 of the counter affidavit that the premises has already been vacated and handed over to the petitioner on 13.6.1998. In paragraph 9 of the counter affidavit, it has been admitted that rent of the premises was not paid to the petitioner since 1983 to 12.6.1998 due to lack of allotment. No rejoinder to the counter affidavit has been filed on behalf of the petitioner. Thus, taking into consideration the pleadings of the parties as also submissions made on behalf of the respondents, the Court directs the Director-in-Chief, Health Services, Bihar, Patna, to ensure that payment of admitted dues amount of rent must be made to the petitioner within two months from the date of communication/receipt of a copy of this order if the same has not already been paid so far. The Court is further of the view that no direction can be issued with respect to payment of enhanced rent in view of the fact that the Circle Officer was not a competent authority to fix/enhance rent beyond 1,000/- per annum. 4 It is made clear that if the payment of admitted dues is not made within the time specified respondents will have to pay interest @ 8% per annum from the date of default in making payment. With the aforesaid observation and direction, this writ petition is disposed of. Sanjeet/- (Ashwani Kumar Singh, J.)