IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17951 of 2009 1. RADHA SHARMA W/O DR. KRISHN NANDAN SHARMA R/O VILL- BELSAND, P.- BELSAND, DISTT- SITAMARHI Versus 1. THE CHAIRMAN,UTTAR BIHAR GRAMIN BANK HEAD OFFICE- KALAMBAG, CHAUK SHARMA COMPLEX, MUZAFFARPUR 2. THE BRANCH MANAGER, UTTAR BIHAR GRAMIN BANK BRANCH- BELSAND, DISTT- SITAMARHI ----------- 2. 18.01.2011 Heard learned Counsel for the petitioner and the learned Counsel for the Uttar Bihar Gramin Bank. The petitioner contends that the Bank has taken his premises on rent and the rent is due since June 2002. There have been fair rent assessment proceedings in Case No. 1 of 2009 disposed on 31.7.2009 enhancing the fair rent. Counsel for the Bank contends that it has preferred an appeal before the District Magistrate and the date fixed for hearing of the appeal is 1.2.2011. Learned Counsel for the Bank does not dispute its liability to pay all arrears of rent in accordance with law prior to fixation of the fair rent. Keeping in mind that the Bank is a statutory body and falls within the definition of State under Article 12 of the Constitution of India and the claims for arrears of rent is since 2002, let the Bank first demonstrate its bona fide in its appeal by deposit of arrears of rent at the unenhanced rate as agreed between the parties for the floor area as discussed in the order dated 31.7.2009. The District Magistrate shall not proceed to hear the appeal unless and until the Bank does not make such deposit and in the event of failure of the Bank to deposit such unenhanced rent within the time fixed by the District Magistrate, the District Magistrate shall consider the dismissal of the appeal itself. The petitioner, if so advised, may withdraw the unenhanced rent so deposited by the Bank without prejudice to his rights and claims in the order dated 31.7.2009 on terms to the satisfaction of the District Magistrate. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)