BADRI NARAYAN GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Counsel appearing on behalf of the parties.

(2.) The present writ petition under Article 226 of the Constitution of India has been filed on behalf of the Petitioner for the reliefs, delineated in paragraph-1 of the petition and are reproduced hereinbelow:

(3.) Learned Counsel appearing on behalf of the Petitioner submits that the Petitioner was settled a shop on lease basis in the year 1974 over a Government Sairat land bearing Khata No. 299, Khesra No. 370, area 43 Sq.ft situate at Dainik Bazar, Ramnagar in the district of West Champaran and he claims to be coming in possession over the said shop. By referring to Annexure-5, an order passed in Case No. 8 of 2001-2002 by the Respondent-Anchal Adhikari, Ramnagar, it has been submitted that on 26.6.2001 an order was passed to settle the shop with hew condition on lease basis and agreement was directed to be prepared and signed by the parties. According to the Petitioner, while he was having a right and title over the shop in question on the basis of the lease agreement, suddenly, on 27.11.2003 Respondent-Block Development Officer alongwith the police personnel came over there and demolished the shop in question in purported compliance of the general order/direction issued by a Division Bench of this Court in C.W.J.C. No. 2290 of 1990* (Arun Kumar Mukherjee v. The State of Bihar and Ors.). It is also submitted that since No. notice was given to the Petitioner before demolishing the shop in question, he is entitled to get the relief sought for in paragraph-1 of the writ petition.