IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3508 of 2009 GYAN VEER JAIN SON OF SHRI MOHAN LAL JAIN, RESIDENT OF ‘FLAT NO.3’F’, ANKUR APARTMENT, BANSI KUNJ, DR. R.P.ROAD, POLICE STATION KOTWALI, DISTRICT BHAGALPUR …….PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SUB DIVISIONAL MAGISTRATE, SADAR, BHAGALPUR 2. SHRI DINESH SEHRA, DISTRICT DEVELOPMENT COMMISSIONER, SIWAN 3. SHRI NIRANJAN CHOUDHARY SON OF LATE M.P.CHOUDHARY, RESIDENT OF MOHALLA CHUNIHARI TOLA, POLICE STATION KOTWALI, DISTRICT BHAGALPUR …….RESPONDENTS. ----------- 2. 24.3.2009 Heard Counsel for the parties. In the opinion of this Court, the impugned order passed by the House Controller is definitely appealable in terms of Section 24 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982. That being so, Counsel for the petitioner seeks permission to withdraw this application in order to file the statutory appeal against the impugned order. Counsel for the petitioner, however, apprehends that the appeal filed by the petitioner against the impugned order dated 28.11.2008 may be held to be time barred in view of this limitation of only 15 days in terms of Section 24 of the Act. This Court taking into consideration the facts which have been mentioned in this writ application would only observe that the petitioner along with memo of appeal should also file an application for condonation of delay which is expected to receive a liberal approach of the appellate authority taking into consideration the serious allegations against the House 2 Controller of antedating/suppressing the impugned order. The appellate authority being the Collector of this District must spare some time to dispose of the appeal at an early date keeping in view that the petitioner’s right of having basic amenities in the premises is actually the subject matter of adjudication in this application. With the aforementioned observations and directions, this application is disposed of. Narendra/ ( Mihir Kumar Jha, J. )