IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1878 of 2007 BHOLA PRASAD SINGH @ BHOLA PRASAD SINGH ‘ARUN’, son of late Jai Nath Singh @ Jhauli Singh, resident of village and P.O.- Songar, P.S. Tajpur Block Morwa, District- Samastipur. ……Petitioner. Versus 1. THE STATE OF BIHAR, through the Secretary, Health Education and Family Welfare Department, Old Secretariat, Bihar, Patna. 2. The Collector, Samastipur, P.S. & District- Samastipur. 3. The Civil Surgeon, Samastipur, P.S. & District- Samastipur. 4. The Incharge Medical Officer, Primary Health Centre, Songar Morwa Block, District- Samastipur. …..Respondents. ----------- 02. 17.5.2011 None appears on behalf of the petitioner. Heard Ms. Alka Verma, learned Assistant Counsel to Additional Advocate General No.4. The writ petition has been preferred for a direction to respondent no.3 to make payment of the rental as determined by the Rent Controller for occupation of the petitioner’s house from January 1991 to January 2006. 2. A brief statement of facts essential for the disposal of this writ petition may be indicated. Respondent no.4 occupied the petitioner’s premises covering an area of 1629 square feet, including a room of 100 square feet, a verandah of 316 square feet and a bath room. Respondent nos.3 and 4 occupied it and used it for their Swasthya Up-kendra. The petitioner’s property is located at and P.O. Sangar, District- Samastipur. Respondent nos.3 and 4 occupied the premises with the promise to fix appropriate rent soon, which never happened. The petitioner preferred an application before the 2 Rent Controller -cum- Sub-divisional Officer, Samastipur, which was registered as Rent Control Case No.4 of 2006, and was allowed by order dated 8.12.2006 (Annexure-8), and Rs.1,000/- (rupees one thousand) has been fixed as monthly rental commencing 1991. The admitted position is that respondent nos.3 and 4 vacated the premises in January 2006, without payment of rental at all. There is a minor discrepancy in the pleadings. It is stated at one place that respondent nos.3 and 4 vacated the premises on 14.1.2006, and it is stated at another place that it was vacated on 20.1.2006. 3. We have perused the materials on record and considered the submissions of the learned Government Counsel. It appears to us on a perusal of the order dated 18.11.2003 (Annexure-2), of the learned Rent Controller, that he was pleased to fix rental of Rs.1000/- per month for the premises in question commencing January 1991. Ultimately the house was vacated in January 2006. We take 14.1.2006 to be the date on which respondent Nos.3 and 4 vacated the premises for the purpose of disposal of the writ petition. The petitioner is, therefore, entitled to receive rental 3 of Rs.1000/- per month from respondent no.3 for the period January 1991 to 14.1.2006. 4. It is further stated in I.A. No.4723 of 2010 filed by the petitioner that he received cheque for Rs.9707/- towards arrears of rent with interest along with the covering letter dated 15.2.2010 which amount will have to be adjusted against the arrears. 5. In the result, this writ petition is allowed. Respondent no.3 is hereby directed to ensure payment of arrears of rent to the petitioner at the rate of Rs.1000/- per month from January 1991 to 14.1.2006, along with interest at the rate of 11% from the dates the amounts became due till the date of payment. The respondents are entitled to adjust the said sum of Rs.9707/-, but the same shall also carry interest at the same rate from the dates the amounts became due till the date of payment. The petitioner will be entitled to costs of this writ petition quantified at Rs.10,000/- (Ten thousand), which shall be paid along with the rent & interest. 6. Forward copy of this order to the petitioner at the cost of the Court. (S K Katriar, J.) S.K.Pathak/