Shakuntala Devi Alias Shakun Jain v. The State Of Bihar Through The Principal Secretary Department Of Home, Govt. Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2567 of 2024 In Criminal Writ Jurisdiction Case No.972 of 2024 ====================================================== Shakuntala Devi alias Shakun Jain Wife of Late Sudhir Kumar Jain, resident of Mohalla-H.No. 11, Durga Shankar Road, P.S. Kotwali, Dist-Gaya. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary Department of Home, Govt. of Bihar Patna Bihar namely Sri Aamir Subhani. 2.

The Director General of Police, Patna Bihar namely Sri R.S. Bhatti. 3.

Senior Superintendent of Police Gaya namely Sri Ashish Bharti. 4.

The Superintendent of Police, Gaya Bihar namely Ms Prerna Kumar. 5.

The Deputy Superintendent of Police Gaya Bihar namely Sri Parasnath Sahu.

6.

The In-charge of Police Station Kotwali Police Station, Gaya Bihar namely Sri Ashish Mishra.

7.

Jay Kumar Soni son of Late Bhagwan Prasad, Resident of Mohalla-Nayi Godam Shankar Sonar Gali, P.S. Kotwali, Dist-Gaya. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Ms. Mahima Sharma, Advocate Ms. Priyanka Singh, Advocate For the State :

Mr. S.C.- 23 For the Resp. No.7 :

Mr. D.K. Sinha, Sr. Advocate Mr. Ashish, Advocate Mr. Anmol Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned Senior counsel for the respondent no.7.

2.

The order dated 09.05.2024 passed in C.W.J.C. No.972 of 2024 reads as under :- "Heard the parties.

Patna High Court MJC No.2567 of 2024(8) dt.21-02-2025 2/3

2. Issue notice to respondent no. 7 by both modes - under registered cover with A/D as well as ordinary process for which requisite etc. must be filed within one week.

3. List this case on 25.07.2024.

4. During pendency of this case, the SHO, Gaya Kotwali will see to it that the petitioner is not forcibly dispossessed.

5. Let a copy of this order be communicated to the Senior Superintendent of Police, Gaya for its compliance through FAX or e-mail forthwith."

3.

The present contempt petition has been filed by the petitioner alleging that the respondent no.7 is dispossessing her and is trying to make her vacate the house in violation of the order of this Court dated 09.05.2024. 4.

The respondent no.7 has appeared through Mr. D.K. Sinha, learned Senior Counsel.

5.

This Court has interacted with the respondent no.7. He has assured this Court that he will not forcibly evict the petitioner from the house as he has taken steps in the District Court by filing Title Suit No.175 of 2021 for specific performance of contract as an agreement for sale was executed in his favour.

6.

As the respondent no.7 has submitted that he will only act in accordance with law i.e. as per the orders of any

Patna High Court MJC No.2567 of 2024(8) dt.21-02-2025 3/3 Court and he will not force the petitioner to vacate the house, this contempt proceeding is dropped.

7.

At this stage, learned counsel for the State has submitted that the house has been locked and the petitioner is not able to enter into the house.

8.

Mr. D.K. Sinha, learned Senior Counsel for the respondent no.7 has submitted that lock has been put by the sons of the petitioner.

9.

In these circumstances, the S.H.O. of Gaya Kotwali, District- Gaya is directed to remove the lock and put the petitioner in possession of the house.

10.

With the aforesaid observations and directions, this contempt petition is disposed of. (Sandeep Kumar, J) pawan/- U T