LAWS(PAT)-2012-10-84

ASHOK KUMAR Vs. STATE OF BIHAR

Decided On October 19, 2012
ASHOK KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Originally, the following prayers were made in paragraph no. 1 of the writ petition:-

(2.) The said prayer of the petitioner to add the prayer in the writ petition was allowed by this Court by order passed on 28.8.2007.

(3.) It is contended that the petitioner is a businessman, who took the land belonging to one Ram Swarup Yadav (respondent no. 8) situated at Dhanki More, Kumhrar, Patna for godown and by a lease-deed dated 1.6.2001 became his tenant for five years till 31.5.2006. The petitioner, thereafter, started his business after constructing a godown for which he had spent Rs. 3,50,000/-. He got sales tax registration and electricity connection in his name and telephonic connection in the name of one of the Director's of the Company, namely, Sri Sanjay Kumar. After expiry of the lease period negotiation was going on between the petitioner and the landlord for extension of lease/fresh lease deed with regard to the godown but the same remained pending for one reason or another. In the meantime, on 2.3.2007, the petitioner was informed by one Ramanand Prasad that the landlord Ram Swarup Yadav alongwith 30-40 persons after breaking open the lock of the petitioner's godown has removed the goods lying therein.