Patna High Court - Orders
Radha Sharma vs The State Of Bihar & Ors on 16 March, 2012
Patna High Court CWJC No.4065 of 2009 (4) dt.16-03-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4065 of 2009
======================================================
RADHA SHARMA, W/O SRI K N SHARMA, RESIDENT OF VILLAGE BELSAND,
POST OFFICE BELSAND, SITAMARHI.
.... .... PETITIONER/S
VERSUS
1. THE STATE OF BIHAR THROUGH SECRETARY DEPARTMENT OF ENERGY
GOVERNMENT OF BIHAR
2. THE ENGINEER IN CHIEF, BIHAR STATE ELECTRICITY BOARD PATNA
3. THE CHIEF ENGINEER ELECTRICAL CIRCLE, MUZAFFARUR
4. THE SUPERINTENDING ENGINEER ELECTRICAL CIRCLE, MUZAFFARPUR.
5. THE ELECTRICAL EXECUTIVE ENGINEER ELECTRIC SUPPLY DIV
SITAMARHI
6. THE SUB DIVISIONAL OFFICER ELECTRIC SUPPLY DIV, RUNNI SAIDPUR
7. JUNIOR ELECTRICAL ENGINEER ELECTRIC SUPPLY SECTION, BELSAND
8. THE ACCOUNT OFFICER, ELECTRICAL CIRCLE, MUZAFFARPUR.
.... .... RESPONDENT/S
======================================================
Appearance :
For the Petitioner/s : Mr. Tejendra Sinha
For the Respondent/s : Mr. (GA-6)
Mr. Vinay Kirti Singh
Mr. R.S.Ganguli
======================================================
CORAM: HONOURABLE MR. JUSTICE SAMARENDRA
PRATAP SINGH
ORAL ORDER
4 16-03-2012The petitioner has come to this Court for a direction to respondents to pay her (a) arrears of rent from April, 2005 to February, 2009 and (b) the enhanced rent of her premises, used by Junior engineer, Electric Supply Section, Belsand, Sitamarhi.
The petitioner submits that from perusal of office order no. 155 dated 24.12.2005, issued by the office of the Electrical Superintending Engineer, Muzaffarpur Electrical Circle, Muzaffarpur it appears that her premises had been engaged by Patna High Court CWJC No.4065 of 2009 (4) dt.16-03-2012 respondents for accommodation of the office of the Junior Electrical Engineer, Electric Supply Section, Belsand at a monthly rent of Rs.325/- from 1.4.2000 to 21.4.2002 and Rs. 650/- from 22.4.2002 to 31.3.2005.
So far as second relief is concerned, this court finds it difficult to direct the respondents to pay the petitioner enhanced rent of her premises. The petitioner may approach the appropriate authority for refixing/enhancing the rent of her premises under the BBC Act.
So far as first relief for payment of arrears of rent is concerned, I find that the prayer of the petitioner is reasonable. The petitioner would file a detailed representation before respondents concerned in respect of her rental dues. The respondents would decide the rent payable to the petitioner within two moths from the date of receipt of a copy of this order along with representation. In case, any agreement is required, the same would also be executed in the meantime. However, non execution of agreement would not deprive the petitioner of admitted rental dues of the past within further three months.
In case of non payment of rental dues by the respondents, the petitioner would be entitled to simple interest Patna High Court CWJC No.4065 of 2009 (4) dt.16-03-2012 at the rate of 6%.
The writ petition is disposed of with the aforesaid directions.
Shashi. (Samarendra Pratap Singh, J)