JUDGEMENT AND ORDER : 1. The instant writ petition is filed by the petitioner for issuing mandamus directing the respondents for assessing the rent of the building by the Public Works Department (for short hereinafter referred to as PWD), which is under occupation of the respondents, on rent. 2. Heard Mr. SM Chakraborty, learned senior counsel assisted by Ms. P. Sen, learned counsel appearing for the petitioner as well as Mr. A. Ghosh, learned counsel appearing for the respondent, Tripura Khadi & Village Industries Board. 3. Admitted facts of the case, are that a three storied building, owned by the petitioner was let out to the respondents in the year 1979 and it was agreed by the parties that the rent of the building shall be payable as per assessment of the Public Works Department but till date the rent of the building was not assessed and as a result, the petitioner is getting Rs.30,000/- per month, as rent. According to the petitioner, it is the respondents-Board who should take up the matter with the PWD for assessment of the rent of the building but the respondents did nothing. Being aggrieved by the action of the respondents, the petitioner filed this writ petition. 4. On the other hand, the respondents-Board by way of filing the affidavit in opposition have specifically stated that there is no dispute that the rent will be payable as per PWD assessment but the petitioner did not furnish the assessment report of the PWD to the respondents till date and as a result they are not in a position to pay the rent, as per PWD assessment. Moreso, last 35 years, the petitioner was silent and he was collecting rent whatever it was being paid without raising any objection either written or verbally. In paragraph 22 of the affidavit in opposition, it is stated that being the owner of the building his first and foremost duty is to collect the assessment report from the PWD for his rented premises but he did not do so for the last 35 years. 5. Mr. In paragraph 22 of the affidavit in opposition, it is stated that being the owner of the building his first and foremost duty is to collect the assessment report from the PWD for his rented premises but he did not do so for the last 35 years. 5. Mr. SM Chakraborty, learned senior counsel submits that the petitioner being a private person is not in a position to approach the PWD for assessment of the rent of the building and thus it would be proper for the Court to give a direction to the respondents to take up the matter with the PWD for assessment of the rent of the building, in question. 6. On the other hand, Mr. A. Ghosh, learned counsel appearing for the respondents-Board submits that at the time of hire of the building of the petitioner, it was decided between the parties that the rent will be payable as per PWD assessment but no where it was agreed by the Board that the Board itself will take up the matter with the PWD for assessment. As a owner, it is the duty of the petitioner to complete the assessment of the building by the PWD and place the assessment report to the respondents. Moreso, the respondents are not denying that they will not pay the rent as per PWD assessment. 7. Considering the entire facts and circumstance, this Court is of considered opinion that the respondents did not deny the claim of the petitioner regarding the rent as per PWD assessment. It is the petitioner who has not yet completed the assessment of the rent by the PWD for which the respondents are not in a position to make payment of the rent as per assessment of the PWD. Thus, the petitioner is to take up the matter with the PWD for assessment of the rent of the building and after assessment if he places the same before the respondents then the respondents will be bound to pay the rent of the building as per the PWD assessment. 8. In view of the above, the petitioner is directed to approach the appropriate authority of the PWD for assessment of the rent of the building in question and place the same before the respondents for doing the needful. 8. In view of the above, the petitioner is directed to approach the appropriate authority of the PWD for assessment of the rent of the building in question and place the same before the respondents for doing the needful. It is made clear that if the petitioner approaches the PWD then the PWD will do the assessment in accordance with law. 9. Accordingly the instant writ petition is disposed of. No order as to costs.