IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15098 of 2004 1. Sri Jai Kant Kumar, (Son of deceased) S/O Late Benaras Singh, resident of Kazi-Chak, P.S. & P.O. Barh, District-Patna. 2. Smt. Kumud Sinha (Daughter of deceased), W/O Sri Binod Kumar, R/O Mohalla and P.S. Kankerbag, District- Patna. 3. Smt. Prem Lata Kumari (Daughter of deceased), W/O Sri Sunil Ranjan, R/O Dasrathpur, P.S. Pawapuri, District- Nalanda. Versus 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Secretary, Health Services, Bihar, Patna. 3. The Director In-charge, Health Services, Bihar Patna. 4. The Asst. Director, Health Services, Filaria Control Unit, Swasthya Bhawan, P.S.- Sultanganj, Patna. 5. The Prabhari Padadhikari, Filaria Control Unit, Barh, Dist.-Patna. ---------------------------------- 5. 12.10.2011 Heard learned counsel for the petitioner. Nobody appears for the State when the case is called out. This case was filed on 2.12.2004 after serving two copies of the writ petition on the State on 11.11.2004. Subsequently the case was taken up on 14.11.2007 when eight weeks time was granted for filing counter affidavit. The case was again taken up on 20.4.2011 when also it was indicated that the State may seek instruction and file a counter affidavit. Thereafter the case was again taken up on 16.5.2011. When the case is taken up today neither anybody appears on behalf of the State nor any counter affidavit is on record. 2 Learned counsel for the petitioner submits that he has also not been served any copy of the counter affidavit. In view of the above the Court is left with no option but to proceed and dispose off the matter on the basis of averments made in the writ petition since the said is unrebutted inspite of several indulgence given to the State. The writ petition has been filed for payment of rent to the petitioner which is due from March, 2002 to 16.9.2002 at the rate of Rs. 600/- per month and thereafter from 17.9.2002 to March 2004 at monthly rent of Rs. 1,000/-. Upon hearing learned counsel for the petitioner and after going through the materials on record, this Court directs respondents no. 4 and 5 to ensure that the aforementioned payment, on account of rent of the premises to the petitioner utilized by the authorities, should be made to the petitioner within 8 weeks from the date of receipt/production of a copy of this order upon them. The payment shall carry an interest of 10% from the date when it was due till the time it is paid. With the aforementioned directions the writ petition stands disposed off. Anand Kr. (Ahsanuddin Amanullah, J.)