IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5738 of 2006 KALA NATH JHA, S/O LATE RADHA NATH JHA, RESIDENT OF MOHALLA- TILKAMANJHI, DURGASTHAN ROAD, P.S. TILKAMANJHI (KOTWALI), TOWN AND DISTRICT- BHAGALPUR. … PETITIONER. Versus 1. THE GOVERNMENT OF INDIA, THROUGH THE SECRETARY, WATER RESOURCES MINISTRY, SHRAMSHAKTI BHAWAN, NEW DELHI. 2. THE ADDITIONAL SECRETARY, WATER RESOURCES MINISTRY, GOVERNMENT OF INDIA, SHRAMSHAKTI BHAWAN, NEW DELHI. 3. THE CENTRAL WATER COMMISSION, THROUGH THE CHIEF ENGINEER, WATER RESOURCES ORGANISATION, CENTRAL WATER COMMISSION, 177-B, SHRIKRISHNAPURI, PATNA. 4. THE SUPERINTENDING ENGINEER, CENTRAL WATER COMMISSION, HUDROLOGICAL OBSERVATION CIRCLE, WEST BORING CANAL ROAD, PATNA. 5. THE EXECUTIVE ENGINEER, MIDDLE GANGA DIVISION V, CENTRAL WATER COMMISSION, BAIDYA NATH BHAWAN, NORTH OF A.N. COLLEGE, SRI KRISHNAPURI, PATNA. 6. THE ASSISTANT EXECUTIVE ENGINEER, C.W.C.-C.F.C. SUB-DIVISION, B.B. GHOSH LANE, MAHATMA GANDHI PATH, BHAGALPUR. 7. THE ASSISTANT ENGINEER, MIDDLE GANGA UPPER KIUL SUB DIVISION, CENTRAL WATER COMMISSION GOVERNMENT OF INDIA, B.B. GHOSH LANE, M.G. ROAD, BHAGALPUR. … RESPONDENTS. For the Petitioner: Mr. Purushottam Kumar Jha, Advocate. For the Respondent : Mr. Raghib Ahsan, A.S.G. ----------- 3. 29.03.2011 Heard learned counsel for the petitioner and Union of India. 2. The house of the petitioner situate in Mohalla- Tilkamanjhi Durgasthan Road, Bhagalpur was taken on rent by Respondent No.5 for office purpose. The rent of the premises has been fixed at Rs. 2050/ per month by the House Controller. Petitioner is demanding payment of arrears of rent at 2 the rate fixed by the House Controller. Respondent No.5 has filed counter affidavit to the averments made in the writ petition admitting the tenancy of the house in question for office purpose, as also the fact that the House Controller has fixed the rent of the premises at Rs. 2,096/- per month. It is however stated in the counter by Respondent No.5 that the Department has sanctioned only Rs. 1,500/- as rent of the premises and he has no authority to pay Rs. 2,096/- per month as rent of the premises. 3. From the pleadings made by the parties, it is evident that the order passed by the House Controller has become final, none the less rent amount sanctioned by the Department is only Rs. 1,500/- per month. Respondent No.5 is not in a position to pay the arrears of rent at the rate of Rs. 2069/- per month fixed by the House Controller. Accordingly, Respondent No.5 is directed to release the entire arrears of rent of the premises in question at Rs. 1,500/- per month, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before Respondent No.5. Petitioner is also at liberty to represent for payment of rent at the rate of Rs. 2,096/- per month fixed by the House Controller. The representation of the petitioner 3 be considered and disposed off after releasing the payment at the rate of Rs. 1,500/- per month as early as possible, in any case within another two months of release of the amount @ Rs. 1500/- per month. Ibrar/- ( V.N.Sinha, J.)