IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4147 of 2009 MD.HAFIZ Versus L.N.MITHILA INSTITUTE OF ECONOMIC DEVELOPMENT & ORS. ----------- 2/ 09/04/2009 Heard learned counsel for the petitioner and learned counsel for the Institute. Learned counsel for the Institute has no objection if one month’s time is granted for vacating the out-house occupied by the petitioner as an employee of the institution. It is pointed out that the institute requires the premises for development of the institute by making further constructions integral to the functioning of the institute. In view of the statement made on behalf of the State that under the service rules the petitioner is entitled to house rent allowance and that no sooner that the petitioner vacates the premises, the house rent allowance permissible under the service rules shall be made available to him, this Court is satisfied that the institute is being more than fair to the petitioner. The writ application is disposed with the observation that the respondent institute shall not disturb the petitioner for one month on the same terms presently held, provided the petitioner files an affidavit 2 within one week affirmed by himself of his undertaking to vacate on expiry of the period of one month and that the institute shall be at liberty thereafter to take action if he does not vacate. In the event such an undertaking is not filed by the petitioner within the period of one week, the writ application shall be deemed to have been rejected. KC (Navin Sinha, J.)