Brij Bihari Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18208 of 2014 ====================================================== Brij Bihari Rai Son of Late Shivaji Rai, Resident of Village- Piprahi, P.S.- Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Home Secretary, Government of Bihar at Patna 3.

The Director General of Police, Bihar at Patna 4.

The Inspector General of Police, Muzaffarpur, Tirhut Division, DistrictMuzaffarpur 5.

The District Magistrate, Sitamarhi, District- Sitamarhi 6.

The Sub-Divisional Officer, Pupari, District- Sitamarhi 7.

The Superintendent of Police, Sitamarhi, District Sitamarhi 8.

The Circle Officer, Sursand, P.S.- Sursand, District- Sitamarhi 9.

The Officer In-charge, Sursand Police Station, District- Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Respondent/s :

Ms. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-07-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For direction to the respondents authority to vacate land of the petitioner and hand over the same to the petitioner of Khata No. 152, Khesara No. 2071, Area 21 decimal situated in villagePiprahi, P.S.-Sursand, District-Sitamarhi, over which the police personnel are in possession illegally.

(ii). For direction to the respondents authority to fix the rent of the aforesaid land and make

Patna High Court CWJC No.18208 of 2014(6) dt.24-07-2024 2/2 payment thereof with its permissible interest with effect from 1.1.2000."

2.

At the outset, the learned counsel for the petitioner fairly submits that the possession of the premises in question has been handed over to the petitioner, however, as far as the rent for the period during which the police outpost was situated at the said premises is concerned, the petitioner be granted liberty to approach the concerned Court, where Title Suit No. 114 of 2011 is pending, in view of the fact that the State authorities are ready to pay the rent, however, they are at a loss to understand as to whom the rent should be paid during the pendency of the title suit. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U