Today, On 22nd July, CJI Gavai refuses to entertain ex-Bihar MLA’s plea against Rs.20 lakh rent for overstaying in a government bungalow. Observes, “One should not hold on to government accommodation endlessly,” stressing the need for accountability and fairness.
The Supreme Court on Tuesday declined to hear a former Bihar MLA’s plea regarding a demand for over Rs.20 lakh in penal house rent for overstaying in a government bungalow, stating, “One should not hold on to government accommodation endlessly.”
A bench consisting of Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria was reviewing the appeal from former MLA Avanish Kumar Singh against a Patna High Court ruling.
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A division bench of the high court, On April 3, dismissed Singh’s intra-court appeal, which challenged a single judge’s order that upheld the state’s demand for Rs.20.98 lakh as penal rent for unauthorized occupation of a government bungalow on Taylor Road in Patna.
CJI Gavai reiterated,
“One should not hold on to government accommodation endlessly.”
However, the bench allowed the former lawmaker the option to take legal steps as permitted.
Ultimately, Singh’s plea was dismissed as withdrawn. The high court division bench had confirmed the single judge’s decision to dismiss Singh’s petition on grounds of non-maintainability, noting that he had previously filed and unconditionally withdrawn a similar petition without seeking the liberty to refile.
Singh, a five-time MLA from the Dhaka constituency, was allocated government quarter 3 on Taylor Road during his legislative tenure.
After resigning on March 14, 2014, he continued living in the bungalow until May 12, 2016, even though the quarter had been designated for a cabinet minister.
Singh argued that following his resignation and subsequent defeat in the 2014 parliamentary elections, he was appointed to the State Legislature Research and Training Bureau, which, according to him, entitled him to the same benefits as a sitting MLA under a 2008 notification.
In challenging the Building Construction Department’s letter from August 24, 2016, demanding Rs.20,98,757 in penal rent for overstaying, Singh cited the 2008 notification.
However, the high court noted that while certain privileges were extended to members of the Research and Training Bureau, it did not grant them the right to continue occupying ministerial quarters assigned during their tenure as MLAs.
The court stated,
“It nowhere provides that a former MLA will continue to retain, of his own will, the same government accommodation/quarter which he had earlier occupied as MLA.”
Case Title : AVANISH KUMAR SINGH vs. THE STATE OF BIHAR, SLP(C) No. 016257 – / 2025
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