IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12928 of 2008 Dr. Pandey Binay Krishna Sahay, Son of Late Pandey Akhileshwar Sahay, Resident of Krishna Niwas, Machhali Gali, New Jakkanpur, Police Station- Jakkanpur, District- Patna. Versus 1. The State of Bihar through the Secretary Education, Human Resources Department, Bihar, Patna. 2. The District Magistrate, Patna. 3. The House Controller-Cum-Sub Divisional Officer, Sadar, Patna. 4. The Principal, Kedar Nath Balika High School, Jakkanpur, Patna at present Kanya Madhya Vidyalaya, Yarpur, Road No. 1 Patna. ---------------------------------- 3. 13.10.2011 Heard learned counsel for the petitioner as well as Mr. Anil Kumar Upadhyaya learned S.C. 20 for the respondents. The writ petition was filed for a direction to the respondents to dispose off the petition filed for fixation of fair rent in the year 1991 and subsequently, in the year 1999. When the writ petition was filed the said cases were pending and only during the pendency of the writ petition an order was passed dismissing the said cases only on the ground that the premises had been vacated by the respondents. A copy of the said order was brought on record as Annexure-C to the counter filed on behalf of the respondents which is on record. The order is dated 17.11.2008 and the petitioner has challenged the said order by amendment of the writ petition by filing I.A. No. 7083 of 2011. Under normal circumstances since the 2 statute provides for appeal, this Court would have relegated the petitioner to move an appeal against the order dated 17.11.2008 by the House Controller, but because the said order was passed after 17 and 9 years respectively of filing of the said cases and the reason for dismissing the cases is untenable and frivolous, this Court proposes to pass the following order for the ends of justice. I.A. No. 7083 of 2011 is hereby allowed. The challenge to order dated 17.11.2008 shall be part of the relief prayed for in the main writ petition. The order dated 17.11.2008 is unsustainable in the eyes of law, specially, in view of the fact that it is without any substance and has been passed after inordinate delay. The order dated 17.11.2008 is set aside. The cases filed by the petitioner shall be restored to their original files. The House Controller shall hear and dispose off the cases within a period of four months from the date of receipt/production of a copy of this order in accordance with law and after taking into consideration all the materials available on record and after hearing the parties concerned. With the aforementioned directions the writ petition stands disposed off. Anand Kr. ( Ahsanuddin Amanullah, J.)