Raj Kumar Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22056 of 2013 ===========================================================

1. Raj Kumar Bhagat Son of Late Jageshwar Bhagat Resident of Village- Shivai Singpur, P.S.- Ashok Paper Mill, District- Darbhanga, Presently Residing At Mohalla- Allal Patti, P.S.- Laheria Sarai, District- Darbhanga .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Director, Health Services, Govt. Of Bihar, Patna

3. The Principal, Darbhanga Medical College Hospital, P.O.- Darbhanga Medical College, P.S.- Laheria Sarai, District- Darbhanga

4. The Superintendent, Darbhanga Medical Hospital, P.O.- Darbhanga Medical College, P.S.- Laheria Sarai, District- Darbhanga

5. The Collector, Darbhanga, District- Darbhanga .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. BHANU PRATAP SINGH For the Respondent/s : Mr. YOGENDRA PD. SINHA =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 28-06-2016 Heard the counsel for the petitioner and the State. As prayed by the counsel for the petitioner, let corrections be carried out in paragraphs 1 and 3 of the writ petition in course of the day.

In 2013 the petitioner filed the writ petition with a prayer to restrain the respondents from taking forceful possession over the land and house of the petitioner which remained in his possession for more than 80 years having his straw thatched house over Municipal Plot No. 37653 within Laheria Sarai Police Station. The counsel for the petitioner stated that he has not

Patna High Court CWJC No.22056 of 2013 dt.28-06-2016 2/2 received instructions from his client as to whether the respondents in these years took any steps for forceful eviction/dispossession from the house/land. Presumably the application appears to have been filed in anticipation. The writ application is dismissed. Dismissal of this application shall, however, not preclude the petitioner from approaching the authorities or taking legal proceeding if the respondents take any tangible steps for his forceful eviction/dispossession from the house/land in question. (Kishore Kumar Mandal, J) rohit/- U