IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20416 of 2010 Mahendra Prasad Chaudhary, Son of late Ayodhya Prasad Chaudhary, Resident of Mohalla Nek Nam Sah Dargah Lane, Bhikhanpur, Gumti No. 2, PS Ishakchak, District Bhagalpur --- Petitioner Versus 1. The State of Bihar. 2. The Registrar, Co-operative Society, Government of Bihar, New Secretariat, Vikash Bhawan, Baily Road, Patna. 3. The Additional Secretary, Co-operative Department, Government of Bihar, New Secretariat, Vikash Bhawan, Baily Road, Patna. 4. The Accounts Officer, Co-operative Department, Government of Bihar, New Secretariat, Vikash Bhawan, Baily Road, Patna. 5. The District Audit Officer, Co-operative Society, Bhagalpur. ---- Respondents. ----------- 2 12.10.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. The writ petition has been filed against the order passed by the Registrar, Co-operative Societies, Bihar, Patna as contained in Memo No. 575 dated 26.2.2009 by which the claim of the petitioner for interest on the delayed payment on account of rent for his premises has been denied. The premises of the petitioner was taken on rent by the respondent no. 5 and initially rent was being paid but from January, 1994 payment was stopped. The said premises was finally vacated on 12.4.2004. Rent was however not paid for which he had to move this Court in CWJC No. 7714 of 2004. During the pendency of the said writ petition payment was made of rent for the period January, 1994 to 12.4.2004. The petitioner’s claim for interest was referred to the Registrar, Co-operative Societies, Bihar, Patna for consideration. The impugned order has been passed on the basis of the representation filed before the Registrar, Co-operative Societies, Bihar by the petitioner and by the impugned order the claim for interest has been rejected only on the ground that there is no such 2 provision in the lease agreement. Having heard learned counsel for the parties, this Court is of the opinion that there was no justifiable reason for the respondents not to make payment for over 10 years for the premises under occupation by them belonging to the petitioner. It is also unfortunate that even after vacation, no rent was paid and only upon the petitioner having to move this Court the same was paid. Considering the facts and circumstances of this case, this Court is of the opinion that the petitioner shall be entitled to an interest of 10% on the delayed payment from the date it was due till the date he was actually paid. The same shall be paid within eight weeks from the date of receipt/production of a copy of this order upon the respondents no. 3, 4 and 5. The writ petition stands allowed to the extent indicated above. Sanjay (Ahsanuddin Amanullah, J.)