N. P. Singh, J.

This writ application has been filed on behalf of the petitioner for quashing an order passed by the Collector, - Patna, as appellate authority in exercise of the power under sub-section (2) of section 16 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, directing the petitioner to deposit the rent at the rate fixed by the Controller during the pendency of the -appeal. That order has been affirmed, by the Commissioner, Patna.

2. The case has been referred to a Full Bench for consideration of the following question :

"Whether during the pendency of an appeal before the appellate authority against an order passed by the Controller determining the fair rent in respect or-any premises or a revision before the Commissioner against an order of the appellate authority, it is open to the appellate authority or the Commissioner to direct the tenant under section 16 (2) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982, to deposit rent during the pendency of such appeal or revision at a rate different from the rate fixed by the Controller."

3. Section 5 of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (here in afte