Baban Singh Yadav @ Babanjee Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8050 of 2022 ====================================================== 1.

Baban Singh Yadav @ Babanjee Singh son of Late Jagnarayan Singh, resident of Nathuni Ka Bag, Police Station-Dumraon, District-Buxar. 2.

Suresh Singh, son of Late Chandria Singh, resident of Nathuni Ka Bag, Police Station-Dumraon, District-Buxar.

3.

Ajay Mishra @ Ajay Kumar Mishra, son of Late Bhawani Mishra, resident of Nathuni Ka Bag, Police Station-Dumraon, District-Buxar. 4.

Dhiraj Kumar Mishra, Son of Late Ashok Mishra, resident of Nathuni Ka Bag, Police Station-Dumraon, District-Buxar.

5.

Makharam @ Makharam Yadav, Son of Late Pamdhari Yadav, resident of Nathuni Ka Bag, Police Station-Dumraon, District-Buxar. 6.

Ajay Gond @ Ajay Kumar, son of Bishwanath Gond @ Prasad, resident of Nathuni Ka Bag, Police Station-Dumraon, District-Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Buxar. 2.

Sub-Divisional Magistrate, Dumraon, Buxar.

3.

Bihar State Board of Religious Trust, Vidyapati Marg, Patna-1. 4.

Sunil Singh son of Kapildeo Singh, Secretary of Badi Sangat, Nanak Sahi Udasin Math, Jangal Road, Dumraon.

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

For the Petitioner/s :

Mr.Rang Nath Choubey, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-09-2024 Heard the parties.

2. The present petition has been preferred for issuance of appropriate writ/writs in the nature of mandamus for direction/directions respondents for accepting the rent petitioner/tenants who have taken small shops on rent from about 1985 in the land and compound of Nanak Sahi Udasin Math,

Patna High Court CWJC No.8050 of 2022(5) dt.10-09-2024 2/2 Jangal Road, Dumraon and also not provide police help to respondent vacating their premises of Math.

3. The issue is very simple. The petitioners are continuing as tenants in the Manak Sahi Udasin Math, Jangal Road, Dumraon, as per the contention put forward in the writ petition.

4. Their claim is that despite depositing the rent, the same is not being accepted and the respondents are intent to evict them though, no such Eviction Suit has been filed.

5. Learned counsel appearing on behalf of the Religious Trust Board, Mr. Shekhar Singh submits that the fear is unfounded as no Eviction Suit has been filed. He submits that they are sitting over the shop without paying proper rent/enhanced rent.

6. The contention of Mr. Shekhar Singh seems to be justified. If the petitioners are still continuing, are duty bound to pay the entire amount till September, 2024 individually and thereafter submit their separate representation before the concerned authority who shall take a decision on the representation filed by them, if the payment is not made till September, 2024.

7. The writ petition stands disposed of.

(Rajiv Roy, J) nirajkrs/- U