IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13472 of 2009 1. UMESHWAR PRASAD SINGH S/O LATE KAMALDEO SINGH R/O FLAT NO. A/1, SUMITAM GRIHM VATIKA APARTMENT, AMBEDKAR PATH (KHAJPURA), NEAR PUNAM GAS GODAM, P.S.- SHASTRI NAGAR, TOWN AND DISTT.- PATNA Versus 1. THE RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR, THROUGH ITS REGISTRAR HAVING OFFICE AT PUSA, SAMASTIPUR 2. THE VICE CHANCELLOR RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 3. THE COMPTROLLER RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 4. THE DEAN, FACULTY OF AGRICULTURE RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR 5. THE ASSISTANT COMPTROLLER, FACULTY OF AGRICULTURE RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR, PUSA, SAMASTIPUR ----------- 3 13/12/2010 Deduction of penal rent by the respondent University has compelled the petitioner to file present writ application against respondent Rajendra Agricultural University. Learned counsel for the petitioner draws my attention to a decision which had been rendered as far back as on 09.02.2007 in a Division Bench case of L.P.A. No. 966 of 2006. Said order is annexure-7. In the L.P.A. filed by the University the Division Bench had categorically held that till the relevant regulation is - 2 - published in the official gazette there cannot be imposition of any penal rent and recovery thereof. Learned counsel for the University does not dispute the existence of the Division Bench decision and, therefore, he cannot quarrel with the proposition which has been laid down therein as the University was appellant before the Division Bench. Law being what it is, if proper procedure has not been followed and necessary notification has not been issued till date, no recovery by way of penal rent would be made from the petitioner. This writ application is allowed with a direction upon the respondents that in case any recovery has been effected against penal rent from the petitioner, the same will be refunded or paid back to him with other outstanding dues, if there is any, within a reasonable time frame of three months from the date of communication or production of a copy of this order. AMIN/ (Ajay Kumar Tripathi, J.)