Krishna Deo Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8528 of 2022 ====================================================== Krishna Deo Gupta son of Hardev Lal, Resident of Old Bus Stand, Purnea, P.S. and District Purnea.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-cum-Collector, Katihar. 3.

The Sub-Divisional Officer, Katihar.

4.

The Block Development Officer, Barahi, District Katihar. 5.

The Superintendent of Police, Katihar.

6.

The Deputy Superintendent of Police, Katihar. 7.

The Offier-In-Charge, Barahi P.S. District Katihar. 8.

M/S Infotech High Rise Ltd. through its Chairman Sri Vasudeo Wagachi, Head Office, P-45 Bhupen Ray Road, Kolkata.

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

For the Petitioner/s :

Mr.Anwar Karim, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-08-2023 1.

The present writ petition has been filed for directing the respondents to unlock and unseal the first floor of the house of the petitioner and hand over physical possession to him.

2.

It is the contention of the learned counsel for the petitioner that the first floor of the house of the petitioner standing over Khata No.1378, Khesra No.4777, MauzaBarinagar, Anchal Barari, District-Katihar, has been locked and sealed on 14.05.2013 by the local administration in view of the

Patna High Court CWJC No.8528 of 2022(3) dt.08-08-2023 2/2 pendency of police case bearing Barahi P.S. Sanha No.239 and 234/2013, which is stated to have been lodged against the private respondent no.8.

3.

The learned counsel for the respondent-State has filed a counter affidavit on behalf of respondents no. 1 to 4 online, hard copy whereof has been filed today in the Court itself, which has been taken on record, wherein it has been submitted that the premises in question has been unlocked and possession has been handed over to the petitioner. 4.

The aforesaid fact has not been disputed by the learned counsel for the petitioner.

5.

At this juncture, the learned counsel for the petitioner submits that the present writ petition be disposed off, however, liberty be granted to the petitioner to seek redressal of his grievances, regarding his claim for damages and house rent, by approaching the appropriate forum.

6.

Liberty so sought is granted.

7.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U