IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5329 of 2000 MD. KALIMUDDIN WARSI Versus THE STAE OF BIHAR & ORS ----------- 3. 19.1.2009 Heard counsel for the petitioner. The grievance of the petitioner as against the impugned order passed by the Commissioner in revision dated 20.1.2000 (Annexure 1) is wholly misconceived. It is so because initially when a rent fixation proceeding at the instance of the petitioner was initiated before the House Controller, the House Controller had given him a rent of Rs. 1.25 paise per Sq.ft. as against his claim of Rs. 1.50 paise per sq.ft. The petitioner did not challenge the said order and in fact it was the Bank which had challenged the said order of the House Controller but the appeal of the Bank was dismissed. Thereafter it was again the Bank which had carried its revision before the Commissioner and the order of the Commissioner in the first round when challenged before this Court was found to be bad and the matter was again remitted back to the Commissioner for passing a fresh 2 order in accordance with law. The Commissioner in revision on remand had passed the order affirming the appellate order which in fact gave the petitioner the rent of Rs. 1.25 paise per sq.ft. Now the petitioner wants to challenge the order of the Commissioner by taking a plea that the affirmance of the order of fair rent Rs. 1.25 paise per square feet as fixed by the House Controller and affirmed by the appellate/revisional authority was a bad order. This the petitioner cannot do for a simple reason that he did not carry his appeal against the order of the House Controller. That being so, this writ application is wholly misconceived and must be dismissed. Counsel for the petitioner then contended that the rent of the premises even at the rate of Rs. 1.25 paise per sq.ft. for the period upto Jaunuary, 2005 in full has not been paid. If that be so, the petitioner may approach initially the Bank for payment of rest of the amount and in the event the 3 Bank does not pay the amount he may approach the appropriate forum. With the aforementioned observation, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/