JUDGMENT : 1. Heard learned counsel for the parties. 2. Pursuant to order dated 13.02.2017, the respondent no. 4 is present in Court along with the entire records. 3. The petitioners were aggrieved by the order contained in Memo No. 267 dated 22.12.2012, issued by the respondent no. 4, by which the fair rent has been fixed at the rate of Rs. 6/- per sq. ft. from January, 2013 as against the previous rate of Rs. 1.75/-, per sq. ft. 4. Learned counsel for the petitioners submitted that the said fixation of fair rent is under the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the ‘Act’) which is totally erroneous for the reason that Section 32 of the Act stipulates that the Act shall not apply to buildings owned by the Government and Trusts. He submitted that since the circular of the State Government issued under Memo No. 469/APC dated 13.09.2006, by the Agriculture Department, clearly states that after the repeal of the Bihar Agriculture Produce Market (Repealing) Act, 2006, all the land and market areas became Government property and the same were allowed to be given on rent, subject to fixing of fair rent in terms of the relevant law for which the concerned District Magistrate was directed to get the same fixed through the Building Construction Department. It was submitted that in the present case, besides the same not being complied with, even the order passed is without any notice to the petitioners and thus, unsustainable. 5. Learned counsel for the State, though initially tried to defend the order on the basis of the provisions of the Act, but finally he and the respondent no. 4 accepted the position that the provisions of the Act shall not apply in the present case. 6. The Court has also verified from the records where there is nothing to show that the petitioners were heard, either during the enquiry by the Executive Magistrate or even by the respondent no. 4, while passing the final order. Moreover, the provisions of the Act also require that the enquiry shall be conducted by the respondent no. 4 himself, which has also not been done in the present case, as is reflected from the records and which has also been accepted by the learned State counsel and the respondent no. 4. 7. 4, while passing the final order. Moreover, the provisions of the Act also require that the enquiry shall be conducted by the respondent no. 4 himself, which has also not been done in the present case, as is reflected from the records and which has also been accepted by the learned State counsel and the respondent no. 4. 7. This being the position, and also the fact that whatever order has been passed by the respondent no. 4, the same is while exercising power under the Act and which is also not as per the procedure which was directed to be followed under the aforesaid Government circular dated 13.09.2006 and also since the entire procedure of fixing fair rent has been without any notice to the petitioners, in the considered opinion of the Court, the order impugned cannot be sustained. 8. Accordingly, the order fixing Rs. 6/- per sq. ft. as a fair rent as far as the area/shops of which the petitioners are tenants, is set aside. On a specific query of the Court as to whether the petitioners were ready for re-fixation in terms of the circular of the State Government dated 13.09.2006, as also that the same would relate from January, 2013, the categorical stand by learned counsel for the petitioners is in the affirmative. 9. In view thereof, the writ petition stands disposed off by remanding the matter to the respondent no. 3, who shall get the fair rent fixed in terms of the aforesaid Government circular dated 13.09.2006, in accordance with law. 10. The petitioners shall appear before the respondent no. 3, within three weeks from today, along with a copy of this order whereafter the respondent no. 3 shall get the fair rent fixed in accordance with law and the Government Circular dated 13.09.2006. The petitioners shall also be heard. However, if they do not cooperate, the respondent no. 3 shall go ahead and fix the fair rent. The said exercise be concluded within two months from the date the petitioners appear before the respondent no. 3. If any of the writ petitioners fail to appear before the respondent no. 3 within the time stipulated above, it would be deemed that, so far as it relates to them, the writ petition stood dismissed without any interference in the order impugned. 11. The personal appearance of the respondent no. 4 stands dispensed with.