Mamta Kumari Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Adv Ms. Nikita Mittal, Adv Mr. Vipin Kr. Singh, Adv Mr. Janmejay Giridhar, Adv For the Respondent/s : Mr.Prasant Pratap ( Gp2 ) ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 15-02-2024 Heard the parties.

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This application has been filed on behalf of the

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petitioner for quashing the order dated 09.10.2019 passed by the District Magistrate, Bhagalpur in H.C. Appeal No. 01/2017-18.

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Earlier, the petitioner had preferred CWJC No.

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4935 of 2015 and following order was passed:-

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“Heard Sri Pratap Sharma, learned counsel for the petitioner and learned A.C. to Govt. Pleader – 18 on interlocutory application i.e. I.A. No. 7204 of 2015, which has been filed for amendment of prayer portion in the writ petition. Now, a prayer has been made for directing the respondent no. 6 i.e. House Contractor cum Sub-Divisional Magistrate, Bhagalpur Sadar, Bhagalpur for fixing fair rent.

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Patna High Court CWJC No.2135 of 2020(3) dt.15-02-2024 2/5

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The main writ petition was filed with a prayer to direct the respondent(s) to pay arrear rent i.e. from the month of February, 2006 to August, 2014.

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Learned counsel for the petitioner accepts that during the pendency of the writ petition, arrear rent has already been paid, but he raises an objection that arrear rent has been paid on the old rate, which is too meagre. He further submits that despite the fact that the appellate court i.e. Collector, Bhagalpur in House Control Appeal No. 36 of 2013-14 has remanded back the matter to the House Controller for fixing fair rent, no decision has been taken by the House Controller.

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With the consent of the parties, the writ petition is being disposed of granting liberty to the petitioner to approach the House Controller and file appropriate petition for disposal of the case, which has been remanded back by the appellate authority. If such petition is filed, the Court expects that House Controller will take immediate step on the petition and decide the case expeditiously.

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The writ petition stands disposed of.”

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The order dated 08.09.2015 appears to be a consent order where both the parties have consented for fixation of the rent by the House Controller.

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The appellate authority i.e. the House Controller, Sadar, Bhagalpur has passed the order dated 05.08.2016 fixing the rent and the relevant part of the order dated 05.08.2016 reads as follows:-

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vkosfndk us lalwfpr fd;k gS fd Qjojh 2006 ls vxLr 2014 rd iz”uxr ifjlj dk ;kfpdk fdjk;k yafcr gSA orZeku fdjk;k fu/kkZj.k ds mijkar eqnzkLQhfr ,oa vkosnd ds mfpr ekax dks /;ku esa j[krs gq, 2016 ds fdjk;k nj ls 2 % pdzo`f) voewY;u ls 2006 rd dk fdjk;k fu/kkZj.k fd;k tkrk gSA f}rh; i{k dks llwfpr djs fd o’kZ vuqlkj iz”uxr ifjlj dk vafdr nj ls fdjk;k fu/kkZj.k fd;k tkrk gS tks fuEu izdkj gS&

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o’kZ 2006&26963 :0] o’kZ 2007&27514 :0] o’kZ

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Patna High Court CWJC No.2135 of 2020(3) dt.15-02-2024 3/5

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2008&28075 :0] o’kZ 2009&28648 :0] o’kZ 2010&20233 :0] o’kZ 2011&29820 :0] o’kZ 2012&30438 :0] o’kZ 2013&31059 :0] o’kZ 2014&31693 :0] o’kZ 2015&32340 :0A

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The order dated 05.08.2016 was challenged before

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the District Magistrate, Bhagalpur vide H.C. Appeal No. 01/2017-18 and order dated 20.04.2018 was passed by which the appeal of the respondent no. 4 (Superintendent of the Remand Home, Bhagalpur) was allowed and the order dated 05.08.2016 passed by the House Controller, Bhagalpur was set aside. The petitioner, thereafter filed H.C. Revision Case No. 2/2018-19 before the Divisional Commissioner, Bhagalpur who vide his order dated 04.02.2019/12.02.2019 has set aside the order dated 20.04.2018 passed by the District Magistrate, Bhagalpur-cum-Appellate Authority and the matter was remitted back to the District Magistrate, Bhagalpur for fresh consideration on merits. Thereafter, the District Magistrate, Bhagalpur passed the order dated 09.10.2019 by which the order dated 05.08.2016 passed by the House Controller, Bhagalpur passed in House Controller Case No. 15/2015 was set aside and the District Magistrate, Bhagalpur remanded the matter back to the House Controller for fresh consideration. Operative part of the order dated 09.10.2019 reads as follows:-

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mHk; i{kksa dks foLr`r :i ls lqukA vfHkys[k esa miyC/k dkxtkrksa ,oa fuEu U;k;ky; vfHkys[ku fd;kA ;g

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Patna High Court CWJC No.2135 of 2020(3) dt.15-02-2024 4/5

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rF; lgh gS fd xg fu;a=.k okn la[;k&15@15 dh dkjZokbZ fnukad 28-12-15 dks xg fu;a=d }kjk izkjaHk dh xbZ] tcfd ml frfFk dks vihydŸkkZ u rks edku ekfyd Fks vkSj u rks mŸkjoknh fdjk;knkj Fks ,slh fLFkfr esa mDr xg fu;a=.k okn pyus ;ksX; ugha FkkA ch0ch0lh0 ,DV ds izko/kkuksa ds vuqlkj xg fu;a=d dk Hkwyf{kr izHkko ls fdjk;k fu/kkZfjr djus dk vf/kdkj ugha Fkk] tks bl okn esa fd;k x;k gSA lkFk gh bl U;k;ky; }kjk ikfjr vkns”k xg fu;a=d vihy on la[;k&36@2013&14 esa lUufgr funs”k dk vuqikyu Hkh ugha fd;k x;k gSA ,slh fLFkfr esa xg fu;a=d dk vkns”k tks x`g fu;a=d okn la[;k&15@15 fnukad 05-08-15 dks ikfjr fd;k x;k gS og iw.kZr;k =qfViw.kZ xyr vkSj ch0ch0lh0 ,DV ds izko/kkuksa ds foijhr gS] tks vekU; gSA

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mijksDr foospuk ds vk/kkj ij xg fu;a=d }kjk ikfjr xg fu;a=d okn la[;k&15@15 es vkns”k fnukad 05-0815 dks fujLr djrs gq, bl okn dks bl funs”k ds lkFk lEizsf’kr fd;k tkrk gS fd x`g fu;a=d iwoZ esa fn;s x;s ,oa ch0ch0lh0 ,DV ds izko/kkuksa ds vuqlkj izpfyr fdjk;k dks /;ku esa j[krs gq, ml le; ds mDr edku dk fofk/kor fdjk;k r; djsaxsA

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The order of the District Magistrate, Bhagalpur is perverse and the same cannot be sustained. Once the parties, pursuant to the order of this Court had approached the House Controller for fixation of rent, the District Magistrate cannot hold that the House Controller had no jurisdiction as the petitioner is not the landlord. The landlord had approached the House Controller pursuant to the order of this Court and the rent was decided by the authority for the previous period as per the direction of this Court.

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This dispute has started from the year 2006 and the matter had travelled up to this Court and thereafter it was

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Patna High Court CWJC No.2135 of 2020(3) dt.15-02-2024 5/5

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remanded to the authorities so the contention of the Collector that the rent for the period before filing of the application cannot be decided also cannot be sustained.

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Accordingly, the order dated 09.10.2019 passed by the District Magistrate, Bhagalpur in H.C. Appeal No. 01/201718 is hereby quashed.

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The respondent authority i.e. the Director, Social Welfare Department, Government of Bihar is directed to pay the rent to the petitioner as per the calculation of the House Controller vide his order dated 05.08.2016 along with the interest @ 6 percent per annum from the date it has become due within a period of four weeks from the date of receipt/communication of a copy of this order.

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With the aforesaid directions, this application stands allowed.

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(Sandeep Kumar, J)

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Vikas/-

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Mamta Kumari v. The State of Bihar

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Mamta Kumari v. The State of Bihar

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