IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6840 of 2010
1. KAMAL SAH, S/O LATE SUNDER SAH, R/O SAMIR NAGAR
WARD NO. 25, P.S.- CHITRAGUPTA NAGAR, DISTRICT-KHAGARIA.
Versus
1. THE STATE OF BIHAR.
2. THE COLLECTOR, KHAGARIA.
3. THE REGISTRAR GENERAL,PATNA HIGH COURT,PATNA.
4. THE REGISTRAR (ADMINISTRATION),PATNA HIGH
COURT,PATNA.
5. THE REGISTRAR, CIVIL COURT, KHAGARIA.
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3. 04.03.2011 Heard learned counsel for the petitioner
and the State.
The petitioner is stated to be running a
tea and snacks shop in the premises of the Civil
Court at Khagaria. He is aggrieved by a notice dated
9.3.2010 asking him to deposit arrears of rent from
2006 to 2010 at the rate of Rs. 1 per square foot.
A counter affidavit has been filed on
behalf of the respondents.
The controversy sought to be raised by
the petitioner that he is in occupation of 323 square
feet only and not 700 square feet, is set at rest from
Anenxures A and B to the counter affidavit, and
which leaves the Court satisfied that till 24.3.2007,
the petitioner apparently was in possession of 700
square feet area. If the petitioner disputes this fact
including his signature on the aforesaid documents,
the writ petition goes into the arena of disputed facts
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and is not maintainable.
The petitioner is therefore held liable to
pay at the rate of 1 per square foot from 2006 to
24.3.2007 less what may have been paid by him
before.
If the petitioner claims that after
24.3.2007 his area of occupation at any time got
reduced to 323 square feet, that is matter for
physical verification. Unfortunately, the counter
affidavit of the Registrar, Civil Court, Khagaria is not
specific. Had it made a categorical assertion that the
petitioner continues in occupation of 700 square feet
even today, perhaps the Court may not have
interfered or given any further directions. The
absence of any such statement in the counter
affidavit satisfies the Court of the need to permit the
petitioner to file a representation before the District
Judge, Khagaria, for any payment due after
24.3.2007, that he was in occupation of area less
than 700 square feet. The District Judge shall then
hold an enquiry giving full opportunity to the
petitioner, to arrive at a finding of the area of
occupation, if it got reduced, and from when, and
thereafter determine the final liability at the rate of
Rs. 1 per square foot after 24.3.2007. Such
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determination shall be done by the District Judge
within a maximum period of three months from the
date of receipt/production of a copy of this order and
the dues, as may be ascertained in law, deposited by
the petitioner within such time as the District Judge
may grant for the purpose.
Failure on part of the petitioner to comply
the aforesaid direction including payment of the
balance amount from 2006 shall leave the District
Judge at liberty to proceed in accordance with law.
Subject to the deposit of the arrears of
rent discussed above from 2006 till 24.3.2007,
pending determination by the District Judge for the
period thereafter, the petitioner may be permitted to
run his shop subject to the final orders to be passed
by the District Judge.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)