NARENDRA NATH TIWARI, J. - (1.) HEARD learned counsel for the petitioner.
(2.) IN this application, the petitioner has prayed for modification of order dated 29-6-2005 by which it was held that if the petitioner does not vacate the Government Quarter by 30th September, 2005, he shall be liable to pay the penal rent, as prescribed in the Government Resolution, of the entire period of un-authorized occupation. The petitioner, inter alia, has stated that he had filed a representation dated 3-9-2005 requesting the officials concerned to take vacant possession of the Government quarter in question, but nobody turned up to take possession of the quarter. The petitioner filed another representation dated 28-9-2005 and thereafter, possession of the quarter was taken by the respondents on 17-10-2005. The petitioner has annexed the receipts showing that he had paid the rent at the rate of three times higher of the rent and according to him, rent has been paid till 30-9-2005. It has been submitted that since no body turned up for taking possession and there is no willful delay on the part of the petitioner, the petitioner is not liable for penal rent, as per the Government Resolution, of the entire period of un- authorized occupation which has been demanded by the notice as contained in Annexure 4 to this petition. The said contention has not been disputed by the learned counsel for the respondents. Considering the above and particularly that the petitioner has voluntarily vacated the quarter in question and for any reason, the delay is only for 16 days and also that the petitioner is a retired person, it is not desirable to saddle him with further penal rent which is 15 times higher than the normal rate of rent. The petitioner has already paid three times higher rent than the official rate of rent. The above order dated 29-6-2005 is modified to the extent that no further penal rent over and above the rent three times higher than the rent which is either paid or realized from him is payable by the petitioner and no coercive action shall be taken for realization of the amount as penal rent.
(3.) IN view of the said modification, the effect of the order as committed in the letter dated 1786 dated 1-12-2005 shall be subject to the order of this court. This Civil Miscellaneous application is, accordingly, disposed of. Order accordingly.;