IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12195 of 2010 SHEKHAR KUMAR SHARMA S/O LATE NAND LAL SHARMA R/O MOHALLA -PURANIGANJ (CHHOTI MIRJAPUR), P.S.KASHIM BAZAR, P.O. & DISTT-MUNGER. …..PETITIONER. VERSUS 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, WATER RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, UNDER GROUND WATER INVESTIGATION DIVISION, BHAGALPUR. 3. THE DEPUTY DIRECTOR UNDER GROUND WATER INVESTIGATIONS DIVISION, BHAGALPUR. 4. THE DISTRICT MAGISTRATE -CUM-COLLECTOR, MUNGER. 5. THE SUB-DIVISIONAL OFFICER-CUM-BUILDING CONTROLLER OFFICER SADAR, MUNGER. 6. THE EXECUTIVE ENGINEER, UNDER GROUND WATER INVESTIGATIONS OFFICE, MUNGER. 7. THE ASSISTANT ENGINEER UNDER GROUND WATER INVESTIGATIONS OFFICER, MUNGER. 8. THE EXECUTIVE OFFICER MUNICIAPAL CORPORATION, MUNGER. …..RESPONDENTS. ----------- For the petitioner : Ms. Shashi Priya Pathak, Advocate. For the respondents-State : Mr. Abinash Kumar, A.C. to G.P.I. -------- 02/ 17.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ petition has been filed by the petitioner challenging order dated 23.11.2009 (Annexure-8) by which Sub- Divisional officer, Sadar, Munger (respondent no.5) fixed the rent of the building in question of the petitioner which is under the tenancy of the respondent-authorities at the rate of Rs.3.00 per sq.ft amounting to Rs.2217.00 per month, although the report of the authorities showed that the rate was much higher in the said locality. - 2 - 3. Learned counsel for the respondents submits that the impugned order has been passed by the Rent Controller under the provision of Section 5 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as ‘the Act’ for the sake of brevity) which is appealable under Section 24 of the Act. 4. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ petition with a liberty to file the statutory appeal before the authority, namely the Collector of the District. 5. The prayer is allowed. This writ petition is disposed of as withdrawn with the aforesaid liberty. However, if an appeal is filed before the said authority within 15 days from today along with a copy of this order as well as an interlocutory application for condoning the delay, the appellate authority shall consider the delay caused due to pendency of this writ petition and decide the appeal on its own merits in accordance with law expeditiously, preferably within a period of six months from the date of filing of the appeal. Sunil (S. N. Hussain, J.)