IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11071 of 2002 BRAJ KISHORE PRASAD, son of Jagdeo Prasad, resident of Village- Daba Bigha, P. S.- Ekangar Sarai, District- Nalanda, at present posted as Assistant Teacher in Primary School, Kakhra, P. S. Noor Sarai, District- Nalanda.. Petitioner. Versus 1. THE STATE OF BIHAR 2. Commissioner-cum-Secretary, Primary Education, Govt. of Bihar, Patna. 3. Director, Primary Education Bihar, Patna. 4. District Superintendent of Education, Nalanda at Bihar Sharif. 5. Headmaster, Middle School, Barara, P. S. Noor Sarai, District- Nalanda. .. Respondents. ------- 3. 25.06.2010 Heard counsel for the petitioner and counsel for the State. The grievance of the petitioner in this writ petition was with regard to payment of house rent allowance. Admittedly, the same has been paid but now the counsel for the petitioner on the basis of two counter affidavist would submit that there was abnormal delay in paying such amount of house rent allowance to the petitioner and as the petitioner stood deprived of such legally payable amount, this Court should direct for payment of interest. In the opinion of this Court, there being no statutory provision laying down payment of interest on the HRA once such issues crops up, it would be for the petitioner to establish the same and the respondents to take a - 2 - plea with regard to delayed payment. This cannot be gone into in a writ jurisdiction. For such claim, the petitioner’s remedy will be a civil suit wherein on taking evidence of both parties the Court can arrive as to whether the deprivation of HRA of the petitioner was actuated by any circumstances beyond the control of the authority. That being so, the prayer now being pressed being not permissible under writ jurisdiction has to be rejected and therefore this writ petition is dismissed. kanchan (Mihir Kumar Jha, J.)