IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16826 of 2007 Md. Monif Ansari son of Abdul Rehman Ansari resident of Village-Herpurba, P.S. Bajpati, District-Sitamarhi. Versus 1. The State of Bihar through the Collector, Sitamarhi 2. The Sub-Divisional Officer-cum-Rent-Controller, Sitamarhi. 3. The Director, Consolidation, Bihar, Patna. 4. The Deputy Director of Consolidation, Sitamarhi. ---------------------------------- 2. 12.10.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. The petitioner seeks for a direction upon the respondents for payment of rent for the premises occupied by them since the year 1998. Learned counsel for the petitioner submits that the premises under occupation of the official respondents covers an area roughly of 1,000/- square feet and as per the initial agreement rent of Rs. 850 per month was payable which was subject to fixation of fair rent by the House Controller. He submits that subsequently, after a detailed consideration on the basis of a petition filed by the official respondent, the House Controller had fixed a fair rent of Rs. 2,000/- per month for the premises which was payable from January, 1999. He further submits that only by way of formality the respondent has filed an appeal before the Collector which is still pending. He also 2 submits that even the admitted amount of Rs. 850/- which was agreed between the parties has not been paid to him. Upon considering the facts and circumstances of the case, this Court directs the respondent no. 3 to make payment of rent at the rate of Rs. 850 per month from the date of occupation that is 16.8.1998 till date within a maximum period of eight weeks from the date of receipt/production of a copy of this order upon him. It is very unfortunate that even the admitted and agreed amount of rent has not been paid to the petitioner till date. In that view of the matter, this Court directs for payment of 10% of interest on the amount to be calculated at the rate of Rs. 850/- per month from the date on which it was due till the date of actual payment. This amount will also be paid within 8 weeks as stipulated. This Court further directs respondent no. 1 to dispose off the appeal no. 57 of 2003 filed before him within a maximum period of two months from the date of receipt/production of a copy of this order upon him after giving due opportunity of hearing to the petitioner. The payment of Rs. 850 per month shall not prejudice the claim of the petitioner to any enhanced rent which has 3 been fixed by the House Controller subject to the appeal aforesaid. With the aforementioned directions the writ petition stands disposed off. Anand Kr. (Ahsanuddin Amanullah, J.)