IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9336 of 2007 DIWAKAR PRASAD CHAUDHARY Son of Bhisma Narayan Chaudhary, resident of village Deoria, PS Deoria, District – Muzaffarpur ......Petitioner Versus 1. THE STATE OF BIHAR 2. The Director General of Police, Bihar, Patna 3. The Inspector General (Administration), Bihar, Patna 4. The Superintendent of Police, Muzaffarpur 5. The Officer-in-Charge of Deoria Police Station, District Muzaffarpur ......Respondents ----------- 02- 18/5/2011 Heard Mr. V K Singh for the petitioner, and Mr. Pankaj Kumar, learned Assistant Counsel to Govt. Advocate no. VIII. The writ petition seeks a direction to the respondent authorities to ensure payment of the differential amount of rent, consequent upon determination of the fair rent with effect from 2.8.2003. The respondents have placed on record their counter affidavit. 2. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears to us that the State Government had requisitioned the premises of the petitioner to accommodate the police station at village Deoria, district Muzaffarpur. The tenancy commenced sometime in 1988, at monthly rental of Rs.675/-. With the passage of time, the petitioner expected enhancement of monthly rental which was not acceded to. Therefore, the petitioner filed an application under the Bihar Buildings (Lease, Rent and Eviction) Control Act, before the learned Sub Divisional Officer-cum-Rent Controller, Muzaffarpur, which was registered as Case No.5 of 2002. The same was allowed by order dated 2.8.2003 (Annexure- 2), whereby the Rent Controller was pleased to enhance the rent, and fixed at Rs.2960/-, with effect from 2 2.8.2003. The respondents acknowledge this position notwithstanding which the differential amount of arrears of rent with effect from 2.8.2003 till date has not been paid to the petitioner. It is interesting to note that the order dated 2.8.2003 was a consent order, and yet even the respondent authorities have not paid the dues of the petitioner. Claims of the petitioner are based on a decision of the Rent Controller. The rate of rental so adjudicated thus stands admitted. Respondent no.4 (Superintendent of Police, Muzaffarpur). is hereby directed to ensure payment of the differential amount of rental with effect from 2.8.2003, which shall carry interest @ 11% with effect from 2.8.2003, till the date of payment. 3. In the result, this writ petition is allowed with cost quantified at Rs.10,000/- (ten thousand), which shall be paid to the petitioner along with the rental and interest. Respondent no.4 shall ensure implementation of this order promptly. mrl ( S K Katriar )