UDAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the parties.

(2.) The writ petition has been filed challenging the order passed by the Commissioner, Saran Division at Chapra on a representation dated 18.9.2009 filed by the respondent no. 7, alleging forceful possession of his shop at the hands of the petitioner. The respondent no. 2 by an order on the representation has directed the Officer-in-Charge, Dighwara Police Station, respondent no. 3 herein, to break open the lock placed at the shop of which, ownership was claimed by the respondent no. 7 and to restore the possession of the shop to him.

(3.) The facts of the case briefly stated are that the respondent no. 7 filed a complaint petition before the Commissioner, Saran Division, Chapra respondent no. 2 at the Janta Darbar on 18.9.2009 alleging forceful possession of his shop situated at Khata Nos. 16, 82, and 4 and Survey Plot Nos. 382, 383, 384, 395, 282, 284 and 285 measuring 1 katha 19 dhoors, 3 dhurkis and 15 furkis, Tauzi No. 3142, Thana No. 142, Jamabandi No. 347 of Mauza-Shitalpur in the district of Saran at Chapra. The respondent no. 7 in his complaint petition has stated that the petitioner requested him to give his shop in dispute on rent and which was refused by him on grounds that the said shop is to be utilized by his sons who had become adult for setting up of business. It is stated that while the respondent no. 7 had gone to Patna in connection with marriage of his daughter, the petitioner herein forcefully entered into the said shop alongwith his brother Roshan Singh on 24.4.2009 and is in illegal occupation thereof. The respondent no. 7 thus prayed before the respondent no. 2 to get the shop vacated from the illegal occupation of the petitioner.