IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19441 of 2010 Awadhesh Kumar Jhunjhunwala, Son of Late Radhakrishna Jhunjhunwala, Resident of Mohalla Sujaganj, P.S. Kotwali Town and District Bhagalpur ----- Petitioner. Versus 1. The State of Bihar. 2. The Collector, Bhagalpur. 3. The Sub-divisional Magistrate-cum-House Rent Controller, Bhagalpur. 4. The Anchal Adhikari-cum-Enquiry Officer, Nagdishpur Anchal, Jagdishpur, District Bhagalpur. 5. Shiv Narayan Jhunjhunwala, Son of Late Hanuman Dass Jhunjhunwala, Resident of Mohalla Sujaganj, PS Kotwali, Town and District Bhagalpur. ---- Respondents. ----------- 2 12.10.2011 Heard learned counsel for the petitioner and learned A.C. to S.C. 7 for the respondents no. 1 to 4. The writ petition has been filed for quashing the order dated 29.6.2001, passed by the House Controller, Sadar, Bhagalpur in House Control Case No. 19 of 1999 where according to him an arbitrary amount of Rs. 1,600/- per month has been fixed as a fair rent for the shop occupied by the petitioner measuring 400 square feet. Learned counsel for the State raises a preliminary objection that statutory appeal is the remedy available to the petitioner without availing which he has moved this Court and on this ground alone this writ petition should be dismissed. Learned counsel for the petitioner has countered this plea of the learned counsel for the State by submitting that due to the critical illness of the father of the petitioner, no proper steps were taken against the order impugned and now because of passage of time the period for filing the appeal having crossed he has moved this Court for getting justice. After hearing learned counsel for the parties, this Court feels that the petitioner should be given one opportunity to place his case on 2 merits and in that view of the matter he is permitted to withdraw this writ petition for filing a statutory appeal before the Collector, Bhagalpur. If the same is done within six weeks from today alongwith a petition for condonation of delay, the Collector, Bhagalpur shall take a lenient and sympathetic view of the matter so as to enable the parties to address him on merits and then pass orders accordingly. With the aforementioned observations and directions, this writ petition stands disposed off. Sanjay (Ahsanuddin Amanullah, J.)