IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12453 of 2006 Syed Zahid Sajjad Jafri son of late Syed Shah Hussain Sajjad Jafri, resident of G-5 ‘Sapna Apartment’, P.O. Bhikhna Pahari, Bari Path, P.S. Kadam Kuan, District Patna, … Petitioner Versus 1. The State Of Bihar, 2. The Managing Director, Biscomaun, Biscomaun Bhawan, Gandhi Maidan, Patna, 3. The Officer-in-charge(Godown), Biscomaun, Patna, 4. The Senior Range Officer, Biscomaun, Hazaribagh, … Respondents For the Petitioner: Mr. Syed Firoz Raza, Advocate For the Biscomaun: Mr. Rajesh Pd. Choudhary, Advocate For the State: Mr. A.N. Pandey, AC to GA 5 … 10 20.10.2011 Heard learned counsel for the petitioner, the State and the Biscomaun. Petitioner claims to be a power of attorney holder of the owner of the house located at Mohalla Matwari bearing holding no. 14, Ward no. 2 at and P.O. Hazaribagh, namely, Syed Shah Arif Ali. A copy of the power of attorney dated 26.03.2004 has been appended as Annexure 3. Case of the petitioner is that the aforesaid premises was let out to Biscomaun for the use of the go- down initially on payment of rent of Rs. 300/- per month, which was later enhanced at Rs. 500/- per month in the year 1990. However, it is submitted that though the rent 2 was being paid till December 1994 but the same has not been paid thereafter and the dues has been calculated by the petitioner till the filing of the writ application to be Rs. 51,000/-. Thus, the petitioner seeks direction to the respondents to pay the admitted amount. A counter affidavit has been filed on behalf of the respondents-Biscomaun and though it has been stated that the premises has been taken on rent without approval of the head office and without any written agreement executed in between the parties, but it is admitted that the rent was being paid and the same was enhanced from Rs. 300/- to Rs. 500/- per month in the year 1990. The dues of Rs. 51000/- are also admitted. However, it is submitted that due to the prevalent financial condition of the Biscomaun, which is not sound, the rent could not be paid after 1994. In above view of the matter, since the letting out the premises on rent and the dues are admitted, this writ application is allowed with a direction to the respondents- Biscomaun to pay the admitted dues of the petitioner of Rs. 51,000/- within three months. Since learned counsel for the respondents- Biscomaun has stated that the financial condition of the 3 Biscomaun is not sound, this Court is not giving any direction for payment of any interest upon the dues. However, if the dues are not paid within the period of three months from today, then the respondents would be liable to pay interest to the petitioner at the rate of 12% per annum. It is made clear that the payment would be made by way of crossed cheque in favour of the wife of the owner of the house aforesaid, namely, Jamal Fatima wife of Syed Shah Arif Ali payable in Account No. 10062621159 of the State Bank of India, Bhikhana Pahari Branch. Since it is submitted by learned counsel for the petitioner that the respondent-Biscomaun is still in possession of the premises the respondents would also be liable for payment of current rent as well as arrears of rent which is not covered under the aforesaid amount at the enhanced rate which has been stated in paragraph no. 3 of the counter affidavit till it delivers vacant possession of the premises to the owner or his wife. SC ( Dr. Ravi Ranjan, J.)