The petitioner filed a writ petition seeking relief for unpaid rent from the Superintendent of Education's office. The Court dismissed the application as infructuous after the respondents paid the agreed rent during the pendency of the petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13928 of 2013
====================================================== 1. Kiran Singh Wife Of Visawamohan Kumar Singh Resident Of MohallaInfront Of Patel Maidan Gate No. 4, Kashipur Ward No. 12, Samastipur, P.S.- Town, District- Samastipur .... .... Petitioner Versus 1. The State Of Bihar 2. The Director, Primary Education, Bihar, Patna 3. The Collector, Samastipur 4. The Sub-Divisional Magistrate-Cum-Home Comptroller, Samastipur 5. The District Program Officer Establishment, Samastipur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar For the Respondent/s : Mr. Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 15-03-2016 The petitioner owns building/house in which the office of the Superintendent of Education, Samastipur run for certain periods. As the rent amount was not paid to her the present writ petition has been filed. The counsel for the respondent states that a counter affidavit on behalf of the respondent no.5 has been filed, a copy whereof, has been produced for perusal of the Court. It is stated that the respondents during the pendency of the writ application have paid the rent as agreed between the parties in favour of the petitioner inasmuch as a sum of Rs. 3,87,200/- was paid by crediting in the account of the petitioner for the period
Patna High Court CWJC No.13928 of 2013 (2) dt.15-03-2016
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23.6.2011 to 28.02.2014. A receipt (Annexure-A) to this effect was obtained from the petitioner , copy whereof has been enclosed as Annexure-A to the counter affidavit .
Considering the above, it appears the writ application has become infructuous. It is, accordingly, dismissed as such.
Dismissal of this application shall, however, not preclude the petitioner from approaching the respondents, if there is any discrepancy in the amount of rent paid to her by the respondent.
(Kishore Kumar Mandal, J)
Shyam/U
1 issue framed by the court
Whether the present writ petition for non-payment of rent has become infructuous due to the payment made during its pendency.
Kiran Singh
The State Of Bihar
The Director, Primary Education, Bihar
The Collector, Samastipur
The Sub-Divisional Magistrate-Cum-Home Comptroller, Samastipur
The District Program Officer Establishment, Samastipur
Kishore Kumar Mandal
As recorded by the court registry
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