IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1343 of 2011 Kunti Devi w/o Sheopujan Seth, Resident of village Stuarganj Mohania (Darwa) Policed station Mohania, District Kaimur at Bhabhua. ……………. Petitioner. Versus 1. Executive Engineer (Quality Control) National Highway Mohania Division. 2. .Assistant Engineer9Quality Control) Sub-division, National Highway, Mohania Division. 3. District Magistrate/Collector, Bhabhua (Kaimur). ………..Respondents. ---------------------------------- 2 13.10.2011 Heard learned counsel for the petitioner as well as Mr.Shiv Kumar, learned counsel, Central Government, for the respondents. The petitioner is permitted to implead the Collector, Kaimur as respondent no.3. Writ petition has been filed for direction to the respondents to comply with the orders dated 08.8.2010 and 13.8.2010 passed by the House Rent Control Officer, Mohania in House Rent Control Case Nos. 01/2001 and 02/2010.It appears that subsequent to the fair rent being fixed, the respondents went in appeal before the Collector, Kaimur which is pending. Learned counsel for the petitioner submits that even admitted rent prior to the enhancement, has not been paid to him. Learned counsel for the respondents on the other hand denied the same and refers to the counter affidavit to the effect that the same was not received by the petitioner. Considering the rival contentions, the writ petition is disposed off with the following directions. The respondents shall pay the rent till date at the rate being paid prior to the enhancement within six weeks from the 2 date of receipt/production of the order upon respondent no.2.This will be without prejudice to the rights and contentions of the petitioner in the proceedings pending before the Collector. The petitioner is also at liberty to file an appropriate application under section 16 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 for a direction to the respondents to deposit the fair rent fixed during the pendency the appeal before the Collector. Further the Collector, Kaimur is directed to dispose off the appeals, pending before him within four months from the date of production/receipt of a copy of this order upon him. Sudha (Ahsanuddin Amanullah, J.)