IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1172 of 2009 ASHOK KUMAR SAHA . Versus THE STATE OF BIHAR & ORS . ----------- 02. 10.01.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the unilateral fixation of fair rent by order dated 29.3.2005. He is stated to have preferred Appeal No. 167 of 2005 which is still pending. During the pendency of the appeal, he has been directed to deposit the fair rent by order dated 3.10.2008, failing which penal action was to be taken against him. The writ application filed on 21.1.2009. No counter affidavit has been filed till date. The petitioner contends an ex-parte fixation of fair rent. The recitals in the impugned order dated 29.3.2005 do not reflect consideration of objections at all. An appeal is stated to be pending. The operation of the impugned order dated 3.10.2008 is kept in abeyance pending disposal of the appeal. Let Appeal No. 176 of 2005 pending before the Collector/ Housing Controller be disposed of expeditiously preferably within a maximum period of two months from the date of receipt/production of a copy of this order. Needless to state that the legality of the impugned order dated 3.10.2008 shall abide by the final 2 order in the appeal. The application stands allowed. P.K ( Navin Sinha, J.)