1. Heard Mr. Manan Kumar Mishra for the petitioner, Mr. Ambuj Nayan Choubey for respondent nos. 1 and"2, and Mr. Lala Sachindra Kumar for respondent no. 3. This writ petition has been preferred with the prayer to quash Certificate Case No. 26 of 2003, pending before the District Certificate Officer, Bettiah.

2. According to the writ petition, the petitioner is a tenant from the court of wards and is in occupation of the house in question for residential purposes, situate in the township of Bettiah, on a monthly rental. The tenancy had commenced on a monthly rental of Rs.107/- per month which went on up to February 2000, and was enhanced to Rs.800/- per month with effect from March, 2000. The petitioner fell in arrears leading to the certificate proceedings.

3. While assailing the validity of the impugned action, learned counsel for the petitioner submits that the enhanced house rent cannot be realised through certificate proceedings in view of the bar engrafted in Clause-8 of Schedule-I of the Bihar and Orissa Public Demands Recovery Act, 1914 (hereinafter referred to as the Act) for two reasons. The enhanced rent cannot be realised unless the same has been agreed to by the