IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13427 of 2007 RAMAYAN SINGH son of Late Ram Jatan Singh, resident of village- Sonohulla, Post Office- Baculari, Police Station- Gathani, District- Siwan. (Since dead and substituted by L.Rs.) … Petitioner. Versus 1. RAJENDRA AGRICULTURAL University through its Registrar. 2. Vice Chancellor, Rajendra Agricultural University. 3. Director, Administration, Rajendra Agricultural University. 4. Comptroller, Rajendra Agricultural University. 5. Estate Officer, Rajendra Agricultural University. All at-Pusa, Police Station- Pusa, District- Samastipur. … Respondents. ----------- 3. 01.09.2010 I. A. No. 7714 of 2010 Having heard learned counsel for the parties as also taken into account the facts mentioned therein, the prayer for deleting the name of the original petitioner who is said to have died on 11.10.2009 is allowed and he is directed to be substituted by his wife Gulbadan Devi. I. A. No. 7714 of 2010 is, accordingly, allowed. Let office make necessary correction in the writ application. C.W.J. C. No. 13427 of 2007 Heard learned counsel for the parties. The prayer of the original writ petitioner reads as follows: (i) For a direction to the respondents to refund an amount of 2 Rs.67,363.30 along with interest to the petitioner deducted by the respondents towards penal rent under the provision of Rajendra Agricultural University (Residential Accommodation) Regulation, 1994 which never came in force.” With regard to the aforementioned prayer, counsel for the petitioner would straightway submit that the husband of the petitioner was not liable to be charged penal rent of the quarter in question inasmuch as his retirement benefit had remained unpaid and therefore as soon as his retirement benefit was cleared, he had vacated the quarter. It is also pointed out that in any event, the husband of the petitioner could not have been charged penal rent for the quarter allotted to him because the regulation framed in this regard had not been notified in the official gazette. Counsel for the petitioner in this context would place reliance on an order of the Division Bench dated 9.2.2007 in LPA No. 968 of 2006 (Rajendra Agriculture University & Ors. vs. Dr. Shachindra Kumar Sinha). Dr. A. K. Upadhayay, learned counsel appearing for the Rajendra Agriculture University would fairly submit that the case of the petitioner is squarely covered 3 by the order passed in the case of Dr. Shachindra Kumar Sinha (Supra). That being so, this Court would direct the University to refund the amount of Rs.67,363.30 within a period of three months from the date of receipt/production of a copy of this order if the quarter allotted to the husband of the petitioner has already been vacated. With the aforementioned observation and direction, this writ application is disposed of. kanchan/- ( Mihir Kumar Jha, J.)