IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23158 of 2011 M/S Patliputra Enterprises & Anr Versus The State Of Bihar & Ors ---------------------------------- 2 23.12.2011. Petitioners are admittedly tenants of BISCOMAUN. They are aggrieved by notice dated 10.12.2011 contained in Annexure 3 series as well as order 18.12.2011 contained in Annexure 4. the notice published in Prabhat Khabar dated 10.12.2011 required the tenants to execute an agreement lease with BISCOMAUN on or before 17.12.2011. It was stipulated in the notice that in case no agreement is executed, the tenant concerned would be liable to be evicted on 31.12.2011. The next order which the petitioner has challenged, is order dated 12.12.2011 of the MD, BISCOMAUN. It was observed in the order that there are tenants who have neither paid rent nor are entering into an agreement for extending lease period. The employees of the BISCOMAUN were also asked to persuade the tenants to enter into lease agreement for which minimum rent would be Rs.31.50/sq.ft. It is submitted that petitioner no.2 is 2 already paying rent at the rate of more than Rs. 50/- per sq.ft. and petitioner no. 1 is paying rent at the rate of Rs. 21/- per sq.ft. Counsel for the BISCOMAUN submits that by the impugned notice the petitioners are not being evicted but in case they fail to enter into an agreement steps would be taken for their eviction. It appears that petitioner no. 2 is already paying rent at the rate much higher than minimum rental fixed at Rs. 31.50/- sq.ft. The petitioner no.1, in my view, should also represent with a viable offer within ten days. The representation of the petitioners would be considered duly by respondent no.3. Till passing of any order on the representation of the petitioners, no coercive steps would be taken against them towards their eviction. I have not gone into the issue whether petitioners can be evicted without taking resort to process of court. In case no representation is filed within ten days, it will be open for the MD, BISCOMAUN to proceed in accordance with law. Shashi. (Samarendra Pratap Singh, J.)