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: This writ application has been filed for quashing the order dated 03.12.2012 passed by Sub Judge-1, Palamau at Daltonganj in Eviction Case No. 01 of 2009 whereby and whereunder the defence of petitioners has been struck off and his application for filing the additional written statement was also dismissed. By the same order, the learned court below had allowed the plaintiffs' application for withdrawal of the amount which the petitioners have deposited.

2. It appears that the learned court below has passed an order under section 15 of the Bihar Building ( Lease, Rent & Eviction) Control Act, (hereinafter referred as BBC Act) and directed the petitioners to deposit Rs. 1,02,000/- at a time towards the arrear of rent. The petitioner was further directed to deposit current rent @ Rs. 3000/- per month and also directed to pay future rent @ Rs. 3000/- on 15th of each month.

5. Sri Rahul Gupta, learned counsel appearing for the respondents submits that there is no illegality in the impugned order. He submits that it is within the knowledge of petitioners that the writ application has been withdrawn on 19.11.2011, but in spite of that they had not complied the order dated 23.07.2010 . He further submits that even after passing of the order on 09.04.2012, petitioners had not complied the order within 15 days as stipulated in section 15 of BBC Act. He further submits that even after 15 days, petitioners had not fully complied the order till 23.06.2012. He further submits that for such delay, no explanation given by the petitioners. Under the said circumstances, the learned court below rightly relied upon the aforesaid judgments reported in 2004(3) JLJR300 and 1992(2) PLJR 778 and struck off the defence of the petitioners.