Shailendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1967 of 2020 ====================================================== Shailendra Kumar Singh Son of Late Saryug Singh Resident of MohallaAshok Nagar, Road No.7A, Police Station- Kankarbag, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

2.

The Collector, Patna.

3.

The Chairman of the Tribunal-cum-Sub-Divisional Officer, Patna Sadar, District- Patna.

4.

The Deputy Director, Social Welfare Cell, Patna. 5.

The Officer-in-Charge, Kankarbag Police Station, Kankarbag, Patna800020. 6.

Sumit Raj alias Guddu Kumar Son of Shailendra Kumar Singh Resident of Village- Bhogipur, Police Station- Gopalpur Mittan Chowk, District- Patna Presently residing at Ashok Nagar, Road No. 7A, Police Station- Kankarbag, P.O.- Kankarbag, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nandan Prasad Singh, Sr. Adv.

Mr.Prakritita Sharma, Adv.

For the Respondent/s :

Mr.Gyan Prakash Ojha (Ga7) Mr. Abhishek Singh, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2022 Though the present writ petition has been filed for implementation of the order dated 9.3.2019, passed by the Chairman of the Tribunal cum Sub-Divisional Officer, Patna Sadar, Patna, which has been upheld by an order dated 22.9.2021, passed by the learned court of Collector cum District Magistrate, Patna in Appeal Case No. 3/2019-20, but during the interregnum period, it appears that the house/ property in question has

Patna High Court CWJC No.1967 of 2020(2) dt.14-07-2022 2/2 already been handed over to the petitioner on 31.1.2022 in presence of the B.D.O., Patna Sadar and in cooperation with the Officer-in-Charge, Kankarbagh P.S., as has been informed to this Court, by the Ld. Counsel for the Respondent-State by referring to the counter affidavit filed on behalf of the Respondents No. 2 and 3.

The learned Senior Counsel for the petitioner submits that if the aforesaid factum of the house/property in question, having been handed over to the petitioner, has been categorically stated in the counter affidavit filed by the Respondent-State, the petitioner has got no grievance, however, liberty be granted to the petitioner to initiate contempt proceeding in case the said factum is found to be false.

Accordingly, the present writ petition stands disposed of, however, with the aforesaid liberty to the petitioner.

(Mohit Kumar Shah, J) Ajay/- U