- (1.) In this Writ petition the Writ Petitioner has prayed for, inter alia, a Writ in the nature of Mandamus commanding the respondents to pay forthwith arrear due amounting to Rs. 85,847.50 paise which had accrued since September, 1991 to July 1992 in respect of 5 pacca godowns and one office room in the village of Ramnagar, P. S. Mathurapore, Dist. South 24 Parganas. The Writ petitioner also prayed for a Writ in the nature of Mandamus commanding the respondents to honour the legal obligations arising out of an agreement executed by the respondents on the basis of fair rent fixed by the Special Land Acquisition Officer dated 27-7-1987 which is Annexure 'A' in the Writ petition.
(2.) It is the case of the Writ Petitioner that he is the owner of 5 godowns and office accommodation situated at Ramnagar, P. S. 7 Mathurapore in the District of South 24 Parganas. On 6th July, 1987 Food Corporation of India (For short F.C.I.) decided that because of the strategic position of Mathurapore with its vast riverine areas of Sundarban and in the interest of Public distribution system and also for relief and developmental activities in such vast areas it was necessary to open a Food Storage department in the aforesaid areas and accordingly the FCI took possession of the Writ petitioner's 5 pacca godowns and office space. Further case of the Writ petitioner is that Special Rent Acquisition Collector of South 24 Parganas had assessed the fair rent of the petitioner's 5 godowns and office space and by his Memo No. L. S. (S) 1062, dated 27-7-1987 fixed the fair rent at Rs. 7210/- for 5 godowns and Rs. 255/- for office space, total amounting to Rs. 7465/- per month and communicated such fixation of fair rent to the District Manager, F.C.I., South 24 Parganas and the Authorities of FCI accepted such fair rent without any objection. It is further case of the Writ petitioner that FCI executed a formal agreement on 15th January, 1988 for an initial period of three years, whereby FCI agreed to pay monthly rent of Rs. 7465/- and also agreed that the Lease created should be determined at the option of Lessee at any time giving one month's notice to the Writ petitioner. The formal agreement has been annexed to the Writ petition as Annexure 'B'.
(3.) The Writ petitioner stated that in spite of taking over possession of the Writ petitioner's 5 godowns and office accommodation, FCI refused to pay the aforesaid agreed sum and compelled the Writ petitioner to approach this Hon'ble High Court under Art. 226 of the Constitution of India. At that material time, Umesh Chandra Banerjee, J. being pleased, by order dated 2-8-1991 directed the FCI to pay the entire arrear rent upto August 1991 amounting to Rs. 1,28,460 only within four weeks of the date of the Order and FCI in compliance with the Order passed by the Learned Court dated 2-8-1991 paid to the petitioner by cheque No. 856681, dated 19-9-1991 Rs. 1,24,727.50 Paise leaving behind arrear of Rs. 3,732.50 paise. It is the case of the Writ petitioner that thereafter since September, 1991 the arrear had accrued upto July, 1992 to the extent of Rs. 85,847.50 paise which has not yet been paid by the respondents. The instant case was initiated in the year 1992.;