SITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition arises from the petitioners' claim to receive the rent for the land and the building occupied by the Homeguards as tenant and it is filed against the order issued by the District Magistrate, Khagaria under his memo No. 2857/Confidential, dated 25.10.2000 (Annexure-8). By the impugned order, the District Magistrate directed the District Commandant of Homeguards, Khagaria not to pay the monthly rent of the tenanted premises to the petitioners but to continue payment of the rent to Respondent No. 5, as it was previously being paid to him.

(2.) THE rent of the tenanted premises was being paid to Respondent No. 5 since 1982. And the fair rent of the premises had also been determined by the Sub-divisional Officer, Khagaria in a proceeding instituted by Respondent No. 5.

(3.) THE prayer for a direction to the District Commandant to deposit the rent of the building before the House Controller and leaving the aggrieved party to seek appropriate reliefs is unacceptable to me for another reason. THE prayer being made on behalf of the petitioners though seems to take the line of least resistance, it is actually a ploy to force Respondent No. 5, who presumably is the weaker party, either to go to the civil Court or to forgo his rights.