IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6685 of 2004 BIRDHI CHAND SANDH, Son of late Sapthko Chand Sand, Branch Manager, East India Transport Agency, Mahatma Gandhi Road, Katihar, P.S. & Distt. Katihar. ………Petitioner Versus 1. THE STATE OF BIHAR 2. Sub Divisional Officer-cum-House Controller, Katihar. 3. Dr. Liladhar Maheshwari, Son of late Krishna Gopal Maheshwari, Resident of Rajhata Binodpur, Katihar, P.S. & Distt. Katihar. …….Respondents. ----------- For the Petitioner : None For Respondent nos. 1 & 2 (State of Bihar) : Mr. Bajarangi Lal, A.C. to G.A. 7 For Respondent No. 3 : Mr. P.K. Jaipuriyar, Adv. Mr. Anshuman Jaypuriyar, Adv. ----------- 3/ 31.03.2011 Despite repeated calls, no body appears on behalf of the petitioner to press this application. However, I have heard learned counsel, appearing on behalf of respondent nos. 1 and 2, as also learned counsel appearing on behalf of respondent no. 3. The present writ petition has been filed questioning the validity and legality of the order dated 07.01.2004 (Annexure 3), passed by respondent-Sub Divisional Officer-cum-House Controller, Katihar in case no. H.C. 18 of 2002, whereby the respondent-House Controller in 2 exercise of powers under Section 5 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 (in short Act) has determined fair rent of the building in question belonging to the respondent no. 3, and under the occupation of the writ petitioner. Apparently, the order impugned is appealable under Section 24 and revisable under Section 26 of the Act. The writ petitioner has approached this Court without exhausting alternative remedy of appeal and revision. Learned counsel appearing for respondent no. 3 informs to the Court that as a matter of fact, the petitioner has already vacated the premises in question. For the reasons recorded above, this Court does not find any merit in the present application. It is accordingly dismissed. However, if the petitioner is still in possession and is still aggrieved by the impugned order, then he shall be at liberty to approach the Appellate and Revisional Authority. Anjani/ ( Birendra Prasad Verma, J.) 3