MAMTA SHUKALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal writ application has been filed by the Petitioner Mamta Shukala claiming that she has been dispossessed by Bablu Shukala who is the brother of her husband from the ground floor of 'Shukala House' on 10.12.2009 with the help of Respondent No. 9.

(2.) The case of the Petitioner is that in the year 1960, there was a partition by family arrangement, as a result of which each of the five sons of Prem Chandra Shukala were given a specific share. Late Shailesh Chandra Shukala had gifted the share allotted to him to the Petitioner by a deed of gift dated 13.3.1992. The Petitioner got her name mutated in the Patna Municipal Corporation in the year 1993 and has been paying rent continuously to the State of Bihar. Girish Chandra Shukala, the brother-in-law of the Petitioner filed a Title (Partition) Suit No. 5 of 1999 with respect to the partition of the property which fell in the share of his father Sushil Chandra Shukala. During the pendency of the suit, an application under Order 39 Rules 1 and 2 read with Sections 94 and 151 of the Code of Civil Procedure was filed, in which the Court passed an order of status quo. The submission is that there is a violation of the order of the status quo, as Girish Chandra Shukala has dispossessed her from some of the rooms in the house with the connivance of the State Authorities.

(3.) This matter was earlier heard by a Bench of this Court who ordered that the Senior Superintendent of Police, Patna will look into the grievances of the Petitioner in the light of the order of the D.I.G., Law & Order, Bihar, Patna, who has ordered for the restoration of possession which is not being obeyed by the local Police Officials and advised the Senior Superintendent of Police, Patna to take remedial measures.