Ram Janam Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18075 of 2014 ====================================================== Ram Janam Mahto son of Late Jagu Mahto, Resident of VillageNarayanpur, Mankarwa, P.S.- Phenhara, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, East Champaran.

2. The Superintendent of Police, East Champaran.

3. The Block Development Officer, Sikrahna, East Champaran.

4. The Officer-in-Charge, Phenhara Police Station, East Champaran.

5. The Registrar, Civil Court, Motihari (Administration).

6. The Judge-in-Charge, Nazarat, East Champaran, Motihari (judicial).

7. Bhikhari Sahni son of Late Rambriksha Sahni.

8. Ram Naresh Sahni son of Bhikhari Sahni.

9. Ram Lochan Sahni son of Bhikhari Sahni All are resident of Narainpur, Mankarwa, P.S.- Phenhara, District- East Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Respondent/s : Mr. Rajiv Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 08-01-2015 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent no. 1 to 4. The learned counsel for the petitioner has prayed for deleting the names of respondent nos. 5 and 6 from the writ application.

Accordingly, the prayer is allowed and the names of respondent nos. 5 and 6 are deleted from the writ application.

Patna High Court CWJC No.18075 of 2014 (5) dt.08-01-2015 At this juncture, the learned counsel for the petitioner has also made submission on merit of this writ application. After considering the submissions on behalf of the petitioner and the facts of the case as stated in the writ application, it transpires that the writ application has been filed seeking a direction to the respondents to execute the order of delivery of possession passed in the execution case. The learned counsel has also pointed out the contents of Annexure-I which is letter issued by the court to the S.H.O of the police station for taking steps to maintain peace during the delivery of possession. This Court, therefore, does not find any substance in the prayer on behalf of the petitioner for issuing a specific direction, as prayed.

It is needless to say that the executing court will proceed with the execution case in accordance with law and the petitioner shall have liberty to approach the executing court appropriately. The writ application is, accordingly, disposed of with the consent of the parties, at this stage itself. Devendra/- (V.