IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1476 of 2010 1. DR. HAMID HUSSAIN S/O LATE ABDUL WAHAB R/O MOH- GEWAL BIGHA, P.S. RAMPUR, DISTT. GAYA Versus 1. THE COLLECTOR CUM DISTRICT MAGISTRATE GAYA 2. THE SUB-DIVISIONAL OFFICER CUM HOUSE CONTROLLER SADAR GAYA 3. THE MANAGER, BATA INDIA LTD. R/O HOUSE NO. 78, GAUTAM BUDHA ROAD (NEAR KOTWALI P.S.), P.S. KOTWALI TOWN, DISTT. GAYA 4. THE DISTRICT MANAGER, BATA SHOE STORE HOUSE NO. 47 & 48, MURADPUR, P.O. BANKIPUR, DISTT. PATNA-4 5. MANAGER (LEASE & RENT) DEPTT., BATA INDIA LTD. BATA HOUSE, HOUSE NO. 418/02, SECTOR-17, MEHRAULI ROAD, GURGAON, HARIYANA ----------- 2. 29.03.2011 Heard learned counsel for the petitioner and the State. It is submitted that the petitioner is the landlord who has leased out of the premises in question to respondent nos. 3 to 5. The petitioner filed rent Fixation Case No. 16 of 2002 for fixation of fair rent which was done by order dated 6.1.2004. The respondents preferred Appeal No. 62 of 2004 before the District Magistrate-cum-Collector, Gaya on 10.2.2004 which is still pending. In the guise of the pendency of the appeal, the order fixing fair rent dated 6.1.2004, is also not being complied with, though there is no order of stay by the appellate Court. Virtually, the appeal is being allowed by default by not disposing it in accordance with law. If a statutory appeal is pending before the 2 appellate authority, it is his bounden duty to dispose the same in accordance with law as otherwise issues of abuse of powers vested in trust may arise. Let the appellate authority dispose off Appeal No. 62 of 2004, after hearing all concerned by a reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order before him. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)