IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2394 of 2004 PRAMILA DEVI wife of Bibekanand Singh, resident of village & P.S. Punpun, Dist-Patna ......Petitioner. Versus 1.THE STATE OF BIHAR 2. Settlement Officer, Patna Head Office, Baldeo Bhawan, Punaichak, Baily Road, Patna. 3. Assistant Settlement Officer Tasadik Camp Punpun West Patna. 4. House Controller, S.D.O., Masaudhi, Dist. Patna......Respondents. ----------- For the petitioner : Mr. Diwakar Prasad Karn, Adv. For the State : Mr. Rajiv Kumar Singh, G.P. 15 Mr. Sanjeev Kumar Singh, A.C. to G.P. 15 ----------- 5 28.02.2011 Heard learned counsel for the petitioner and Mr. Rajeev Kumar Singh, learned Govt. Pleader No.15 appearing on behalf of respondent nos. 1 to 3. 2 In compliance of order dated 24.02.2011, and order dated 25.02.2011, Mr. Anil Kumar Pandey, the Assistant Settlement Officer (Respondent no.3) is physically present in the court. A show cause has also been filed on behalf of O.P. no.3 in the court today itself. The averments made in paragraph Nos. 3 and 4 of the show cause are relevant and are quoted hereinbelow: “3. That the deponent most humbly states and submits that the house rent for the period from 01.12.97 to 28.02.2011 @ 1192/- per month has been calculated and after obtaining the same sanctioned from the department as well as authorized from treasury, a bank draft bearing no.524797 dated 26.02.2011 for the total amount of house rent Rs. 1,89,528.00 has been prepared and is ready for the payment to the petitioner. 4. That it is relevant to point out that the petitioner has forcefully put his lock over the premises without the permission of the Government and therefore till date, many belonging of 2 the office is still lying in the house. Even on repeated requests, the petitioners is not allowing the Government Officials to take out various goods and belonging of the office, on one ground or the other.” 3 From the averments made in the show cause, it is apparent that a bank draft dated 26.02.2011 has been made ready towards the rent of the house in question for the period from 01.12. 1997 to 28.02.2011 for a total sum of Rs. 1, 89,528.00 and original copy of the bank draft has been handed over to the learned counsel for the petitioner in the court. A photo copy of the said bank draft has been brought on record as Annexure-A to the show cause. Apparently, in view of the aforesaid payment the order dated 20.8. 2004 passed by the Controller under the Provisions of the Bihar Building (Lease Rent & Eviction) Control Act, 1982 stands satisfied till date. 4. A grievance has been raised on behalf of respondents that the petitioner has locked the premises without the permission of the Government officials though, this fact is being disputed by the learned counsel for the petitioner. In that view of the matter, respondents shall be at liberty to break open the lock, if any, and remain in possession over the house in question till the tenancy subsists. 5. In the background set forth above, no other issue remains to be decided/ adjudicated by this Court. Accordingly, the present application stands disposed of. Further appearance of respondent no.3 is dispensed with. M.Rahman ( Birendra Prasad Verma, J )