IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5093 of 2007 Ramnandan Singh, aged about 58, S/O Late Nunubabu Singh, R/O Ward No. 1, Ramcharan Tola, Madhuban Road, Village+Post+P.S.-Barahiya, District- Lakhisarai, at present residing at Mohalla-Chitranjan Road, Purani Bazar Lakhisarai, P.S. & Dist.- Lakhisarai Versus 1. The Kiul Badua Chandan Command Area Development Agency, (KBCCADA) Bhagalpur, (Bihar) through its Chairman. 2. The Chairman Kiul Badua Chandan Command Area Development Agency, (KBC CADA) Bhagalpur. 3. Secretary Kiul Badua Chandan Command Area Development Agency, (KBC CADA) Bhagalpur. 4. Regional Development Commissioner, Kiul Badua Chandan Command Area Development Agency (KBC CADA) Bhagalpur. 5. Executive Engineer, Lower Kiul Project Division, Bhagalpur. 6. Sub Divisional Magistrate (S.D.M.) Lakhisarai 7. District Magistrate, Lakhisarai 8. The State of Bihar. ---------------------------------- 3. 12.10.2011 Heard learned counsel for the petitioner as well as Dr. K. N. Singh learned Senior counsel appearing on behalf of respondents no. 1 to 5 and Mr. Kamta Singh learned A.C. to S.C. 12 for the State. Counter affidavit on behalf of respondent no. 7 has been filed which is being kept on record. The petitioner has moved this Court in the present writ application for a direction to make payment of arrears on account of rent actually paid and that being fixed by the House Controller. The premises in question was leased to respondent no. 1 on a mutually agreed monthly rent of Rs. 1,400/- and it was further stipulated 2 that the actual rent would be as fixed by the House Controller. Subsequently, on the petition filed by respondent no. 1 before the House Controller, fair rent of Rs. 1,600/- per month was fixed for the said premises. The respondent paid Rs. 1,400/- per month only till it occupied the premises on the plea that it was the mutually agreed rent between the parties. Learned counsel for the petitioner submits that the personal mutual agreement stands superseded in law by the decision of the House Controller fixing fair rent especially when the same was done on the initiation of the respondent. Considering the rival contentions and after going through the materials on record, this Court feels that the petitioner is entitled to the rent as fixed by the House Controller. Accordingly, let respondents no. 2 and 3 ensure that the arrears of rent be paid to the petitioner within a maximum period of 8 weeks from the date of receipt/production of copy of this order upon them. The petitioner shall further be entitled to cost of Rs. 2,500/- which should also be paid within the same period. With the aforementioned observations and directions the writ petition stands disposed off. Learned counsel for the petitioner submits 3 that upon vacating the premises the same was handed over in a worse off condition in which it was given. He submits that he is entitled to compensation/damages. This Court would only observe that the petitioner, if so advised, may approach the competent Forum in appropriate proceeding for any such claim against the respondent agency. Anand Kr. (Ahsanuddin Amanullah, J.)