Smt. Sarla Lakhotia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10051 of 2022 ====================================================== Smt. Sarla Lakhotia wife of Shri Mahesh Lakhotia, proprietor, New Ply Ghar, Lawly Sens building, Exhibition Road, Police Station Gandhi Maidan, District Patna - 800001.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary Cum Secretary, Department of Home Special, Government of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The Director General of Police, Bihar, Patna. 5.

The Senior Superintendent of Police, Patna.

6.

The Officer-in-Charge, Gandhi Maidan, Police Station, District - Patna. 7.

Vijay Kumar Saboo, son of Dwarika Prasad Saboo, resident of 11/3 Crimson Park, South Vatika City, Sohana Road, Sector 59, Gurgaon, Police- Station Gurgaon, Hariyana.

8.

Sushil Kumar Saboo son of Dwarika Prasad Saboo. resident of Lawlysen Building, Hotel Republic, Exhibition Road, Police Station Gandhi Maidan, District - Patna.

9.

Alok Kumar Saboo, son of Sushil Kumar Saboo. resident of Lawlysen Building, Hotel Republic, Exhibition Road, Police Station Gandhi Maidan, District - Patna.

10.

Rajeev Kumar alias Gabbu Singh son of Shri Krishna Nandan Sharma, resident of Trag Press Road, Shivpuri, Near Boring Road Police Station S.K. Puri, District - Patna.

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

For the Petitioner/s :

Mr.Mahendra Prasad Bhartee For the Respondent/s :

Mr.Manish Kumar (Gp4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-04-2023 The present writ petition has been filed seeking the following relief:-

Patna High Court CWJC No.10051 of 2022(2) dt.28-04-2023 2/3 "1. That this petition is for issuance of direction to the respondents to put the petitioner in possession holding no. 863/476, circle no. 9, Lawlysen Building in the tenanted area of shop measuring approximately 650 sq. ft. situated at Ground, Lawlysen Building, Exhibition Road, Police Station Gandhi Maidan, within the District of Patna in which the petitioner is coming in possession of the aforesaid premises as a monthly tenant of Rs. 25,000/- per month from where the petitioner has forcibly been ousted illegally by locking the tenanted premises forcefully taking the law in their own hands by the private respondents."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to pursue the suit proceedings i.e. the one pertaining to Title Suit No. 147 of 2020, which has been filed by the petitioner before the learned Court of Sub-Judge-I / Successor Court, Civil Court, Patna, as also seeks a direction upon the learned trial court to expedite the suit proceedings. Liberty, so sought, is granted.

It is needless to state that in case, the petitioner approaches the learned Trial Court for expediting the suit proceedings, the learned Trial Court shall act diligently and take appropriate action, in accordance with law.

Patna High Court CWJC No.10051 of 2022(2) dt.28-04-2023 3/3 The writ petition strands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U