'One Shouldn't Hold On To Govt Accommodation Endlessly' : Supreme Court Approves Rs 20 Lakhs Rent Demand On Ex-MLA For Overstay

The Supreme Court today (July 22) expressed displeasure over the withholding of Government accommodation by former Bihar MLA Avinash Kumar Singh.

The bench of CJI BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria was hearing a challenge to the Patna High Court order, which upheld a government order against the former Bihar MLA for paying 20 Lakhs of house rent for the government residence, which he overstayed. 

During the hearing, CJI expressed displeasure over the conduct of the petitioner :  "One should not hold on to Government accommodation endlessly."

The bench refused to entertain the plea and allowed the petitioner to withdraw the petition. The bench ordered : "The petitioner is at liberty to take such steps as permissible in law."

Before the High Court of Patna, the petitioner had filed a writ petition before a single bench seeking the quashing of government order for deduction of a sum of Rs. 20,98,757.00 (Twenty Lacs Ninety Eight Thousand and seven fifty seven) as house rent from him on the grounds that he overstayed in the government residence which was allotted to him in the capacity of member, Bihar Legislative Assembly.

Notably, the petitioner was allotted the government residence/ quarter on his re-election as MLA in 2006 which he continued to hold till 2015. In November 2015, the government asked him to vacate the residence as it was to be allotted to a Minister. 

The writ petition filed before the High Court was withdrawn unconditionally in January 2016. A suit filed against forcible eviction was also withdrawn. The petitioner was then served with the notice of house rent amount due against him in August 2016. 

The petitioner then filed another writ application which was subsequently dismissed by the bench in January 2021. Against the said order, the petitioner preferred a Letters Patent Appeal before a division bench. 

The division bench upheld the house rent order and deprecated the conduct of the petitioner. The following was held : 

"The moment he ceased to be an MLA he ought to have vacated the quarter immediately and should have requested for allotment of an appropriate accommodation in light of notification dated 21.08.2008, but instead of doing that he arbitrarily and illegally continued to occupy the Government Quarter No.3 situated at Taylor Road, Patna and all the time was pressurizing the authorities to regularise the same in his favour after he had ceased to be an MLA. Undoubtedly the conduct of the petitioner was improper. There is no doubt that the petitioner continued to illegally occupy the Government Quarter No.3 situated at Taylor Road from 14.04.2014 to 12.05.2016 and therefore the demand of Rs.20,98,757/- as penal house rent is completely legal and justified."

The Court upheld the due amount and modified it, directing that the petitioner "pay interest of 6% per annum on the said amount from 24.08.2016 up to the date of payment in the State Exchequer, for the obstinacy on his part to continue to illegally occupy the Government quarter despite being asked to vacate and pay rent."

Case Details : AVANISH KUMAR SINGH vs. THE STATE OF BIHAR | SLP(C) No. 016257 - / 2025