IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16317 of 2008 (1) Janardan Prasad, son of Late Jagarnath Prasad, Mohalla Thakurbari, PS Town, District East Champaran. (2) Ramesh Kumar, son of Late Vijay Prasad, resident of Mohalla Miscot, PS Town, District East Champaran – Petitioners. Vs. (1) The Motihari Nagar Parishad through its Execute Officer, Motihari. (2) The Municipal Chairperson, Motihari Nagar Parishad, Motihari. (3) The Executive Officer, Nagar Parishad, Motihari. (4) The Empowered Standing Committee of Nagar Panchayat, Motihari through its Municipal Chairperson, Nagar Panchayat, Motihari, East Champaran – Respondents. 3 26.9.2011 Counsel for the petitioners is permitted to make necessary correction in paragraph 8 of the writ petition. Heard learned counsel for the petitioners and the Motihari Nagar Parishad. Petitioner no.1 was settled a shop under section 29 of the Municipal Act by a deed of agreement executed by the Chairman and the Executive Officer on 19.8.1980. It is known as Shop No. A/1. Similarly petitioner no.2 was settled a shop known as B/2 (wrongly mentioned as B/1). Both the shops were settled @ Rs.60/- per month. It is submitted that in the year 2002 the rent of the shops was enhanced to Rs.120/- per month. Subsequently in 2005 the rent was fixed at Rs. 6/- per sq. ft. The petitioners are aggrieved by Annexures 4 and 4/1 by which the rent has been enhanced to rs.930/- and Rs. 594/- per month in the case of the two petitioners. The shoe pinches because it has been enhanced retrospectively. It is well settled that any order, act or the rule issued 2 should be effective from the date on which has been issued. It cannot be made retrospectively in this matter. Considering this aspect I quash that part of the notice by which the Municipality has enhanced the rate retrospectively. This writ petition is allowed to the extent aforesaid. At this stage it is submitted by the petitioners that the Municipality has already received payment from 2005 to 2008. If the petitioners have paid rent at the enhanced rate from 2005 to 2008, the amount should be adjusted in the future rent to be paid by them. haque ( Sheema Ali Khan, J .)