SAMBUDDHA CHAKRABARTI, J. - (1.) THE petitioner is the owner of a premises in the district of Howrah which is a fully tenanted property. Against some of the tenants the petitioner has filed eviction suits and at least six of such tenants are depositing rents before the Rent Controller, Howrah.
(2.) THE grievance of the petitioner is that the Rent Controller is under a duty to intimate the effect of such deposit by the tenants to the landlord immediately so that the same may be withdrawn by him. The petitioner says that he came to know of it about 17 years after the date of deposit whereas the respondent authority was bound to intimate the same within six months from the date of such deposit. The petitioner has calculated that about Rs. 80,000/- is lying with the Rent Controller, Howrah and the petitioner has been deprived of earning his interest on the said account for about 16 years. By a letter dated January 4, 2007 the petitioner asked the concerned respondent authority to pay him interest on the total amount of rent deposited by the tenants at the prevailing bank rate. Thereafter the petitioner made several representations to the appropriate authorities to the same effect. Since they did not produce any result he moved the High Court by filing a writ petition. The petitioner previously filed a writ petition when by an order dated December 19, 2001 a learned single judge of this court had inter alia directed the petitioner to accept all the deposits made in his favour without prejudice to his rights and contentions to claim interest on the delayed payment.
(3.) SUBSEQUENTLY , by a letter dated November 9, 2009 the petitioner requested the District Magistrate, Howrah for an early release of the money and to comply with the order of the court. By this writ petition the petitioner has prayed for a writ in the nature of Mandamus for payment of interest at the rate of 12 per cent. on the amount of rents so far deposited by different tenants the particulars of which have been given in this petition and for other reliefs.;