LAWS(PAT)-2011-8-40

MANJU SINGH Vs. STATE OF BIHAR

Decided On August 12, 2011
MANJU SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Sheel Bhadra Jha, learned counsel appearing on behalf of the petitioner and Mr. Ashutosh kumar Singh, learned Assisting Counsel to G.P. 8 for the State.

(2.) The writ petition was filed seeking directions to the respondent no. 3 the Under Secretary, Minor Irrigation Department for making payment of Rs. 1,54,400/- being the differential rent amount for the period 1.7.1999 to 30.5.2003 (47 months) at the rate of Rs. 1,500/- per month and further rental amount for the period 31.5.2008 to 31.3.2010 at the rate of Rs. 3,200/- per month.

(3.) It is not in dispute that the premises of the petitioner, situated on Khata No. 89, Khesra No. 1292 of Mohalla-Sanhauli, in the district of Khagaria, was rented to the respondent authority Minor Irrigation Department on 3.9.1994 and an agreement was entered into between the parties (Annexure-1 to the writ petition). It is also not in dispute that by way of mutual agreement, a rental at the rate of Rs. 1,700/- per month was being paid by the respondent department to the petitioner for the period until 30.5.2003 and the petitioner has received the rent at the said rate of Rs. 1,700/- per month.