IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6650 of 2002 ABDUL SATTAR & ORS Versus THE STATE OF BIHAR & ORS ----------- For the Petitioners : M/s Mannan Khan & Md. Najmul Hoda For the respondent no.2: Mr. Farooque Moazzam, Advocate 4 18.11.2009 In view of the nature of the order that is being passed, this court does not propose to notice to respondent no.2 as the counsel representing the Wakf Board is present. The petitioner has challenged the enhancement of rent made by the Subdivisional Officer in a proceeding under the provisions of the Bihar Buildings (Lease, Rent & Eviction) Control Act,1982 (hereinafter referred to as ‘the B.B.C. Act’). According to the petitioner, the B.B.C. Act would have no application to the tenanted premises as it is not a Wakf property as it is saved by section 32 of the B.B.C. Act. Section 32 of the B.B.C. Act would not apply to the building owned by the Government and Trusts. It further provides that the Act shall not apply to a tenant whose landlord is the local authority or the State Government or the Central Government or Bihar State Shwetamber Jain Trust Board or Bihar State Digamber Jain Trust Board or the Wakf which may be under the Bihar State Wakf Board. Counsel for the petitioner admits that the property belongs to the Wakf Board. Counsel for the Wakf Board states that if any person has any grievance regarding enhancement of fixation of rent, he can approach the Wakf Tribunal established under the Act. - 2 - KHAN It appears that the petitioner has not brought all material facts as observed in the order dated 26.9.2002 passed by his Lordship Aftab Alam,J as he then was. In the circumstances, this court observes that the petitioner may file an application before the Controller for withdrawing the aforesaid order enhancing the rent. The interim order passed by this court by order dated 26.9.2002 would continue for further period of four months in order to enable the petitioners to file an application before the Controller. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh.J)