SHYAM KISHORE PRASAD SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the respondents.

(2.) The following reliefs as formulated by the petitioner have been claimed in the writ petition -

(3.) The short facts of the case, according to the petitioner, are that he superannuated from the post of Head clerk from Flood Control Circle, Samastipur on 31/1/2015, at which time he was residing in a D-type government quarter on payment of rent of Rs.52.00 per month as fixed by the Department. He continued to occupy the quarter and overstayed for 25 months, finally vacating the same on 5/5/2017. In the meantime, by letter dtd. 15/12/2015 issued by the Executive Engineer, Water Drainage Division, Samastipur, penal rent of Rs.6240.00 was demanded from the petitioner calculated on the basis of monthly rent of Rs.52.00 per month with a multiplier of 15 for 8 months (Annexure-2). Such demand was thereafter followed by another demand by letter dtd. 25/4/2017 (Annexure-3) in which penal rent was calculated @ Rs.3000.00 per month with a multiplier of 3 for 17 months. Soon after, the petitioner vacated the premises on 5/5/2017 as aforesaid. By letter dtd. 24/7/2017, another demand of Rs.76,500.00 by way of penal rent was raised against the petitioner without any calculation afforded in this regard. This was followed by another letter dtd. 12/9/2017 in which the penal rent demanded was Rs.1,69,838.50 on the basis of monthly rent of Rs.450.50 with a multiplier of 15 for 25 months (Annexure-D).