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2016 DIGILAW 1198 (JHR)

Dinbandhu Jaiswal v. State of Jharkhand

2016-08-02

APARESH KUMAR SINGH

body2016
ORDER : Heard counsel for the parties. 2. On the basis of an Agreement dated 04.04.2000 (Annexure-1), the premises of the petitioner situate at Haatpara Colony, P.O. & P.S. Rajmahal, District Sahibganj being the upper portion of the house, was taken on rent @ Rs. 700/- per month by the Project Officer, Informal Education, Rajmahal with the condition that rent shall be payable monthly, subject to receipt of allotment or payable at the end of each financial year in lump-sum for the purpose of running the office of Informal Education by the Respondent. 3. According to the petitioner, vacant possession of the aforesaid house was handed over to the Respondent No. 7 on 04.04.2000 and on occupation thereof, rent for nine months was paid. In April 2003, the premises was suddenly vacated without paying arrear rent from January 2001 till March 2003 total 27 months amounting to Rs. 18,900/- on the verbal statement that a direction has been received from the Respondent Department to close the aforesaid office. Petitioner made several representation such as Annexures – 2 & 3 before the Respondent No. 3, but in vain and therefore, has approached this Court. 4. In the counter affidavit filed on behalf of the Respondent No. 4 – Deputy Commissioner, Sahibganj, statements have been made at para-12 that on coming to know of the claim of the petitioner, a demand for allotment of fund has been sent to the Director, Primary Education, Human Resources Development Department, Government of Jharkhand through letter bearing no. 55 dated 13.04.2015 (Annexure-A). It is further stated at para-13 that as soon as the fund is received, the same will be paid to the petitioner without any delay. 5. Having regard to the aforesaid facts and submissions of the parties, writ petition is being disposed of with a liberty to the petitioner to approach the Respondent No. 3 -Director, Primary Education, Human Resource Development Department, Govt. of Jharkhand for release of the requisite funds, by way of a representation with all supporting facts and documents, which should be duly considered in accordance with law within a period of four weeks thereafter. On scrutiny, if the claim of the petitioner is undisputed, requisite allotment be released by the Respondent No. 3 for payment of admissible dues by the Respondent No. 4 soon thereafter. On scrutiny, if the claim of the petitioner is undisputed, requisite allotment be released by the Respondent No. 3 for payment of admissible dues by the Respondent No. 4 soon thereafter. If dues are found admissible, Respondent would pay the same with simple interest @6% per annum till the date, it is paid. 6. Writ petition stands disposed of accordingly.