MD YUNUS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Superintendent of Police, concerned Police Officer and the Sub -Divisional Magistrate are present in the Court. Counsel for the petitioner and counsel for the State are also heard. Also heard Shri S.S. Dwivedi, learned senior counsel for the intervenors.

(2.) THE intervenors have submitted that as they have been dispossessed from the house which was in fact belonging to them they be allowed to intervene in the matter. It is also the case of the intervenors that 1 katha 4 dhur land only was attached and in execution of the orders passed in Cr.W.J.C. No. 617 of 2000 the intervenors and others are sought to be evicted from the land/residential premises, which were not the part of the earlier litigation, they are entitled to be heard. They have also filed an application for restoration of the possession. With the application for restoration of possession no documents have been filed to show that what particular piece of land was attached, whether there was any house standing or not or whether the intervenors have any right over the property. The intervenors are allowed to intervene in the matter but in absence of proper details in the application for recall of the order, I am unable to grant any relief to these intervenors. If advised the intervenors may file a detailed application alongwith necessary documents and their title deeds enabling this Court to appreciate that they have been illegally removed from the possession of the house.

(3.) MR . Prashant Kumar, Incharge, Police Station, Govindganj informs this Court that on 6.11.2004 the said Receiver has surrendered in the Court and since thereafter he is in jail. Mr. S.D. Yadav, learned Government Counsel informs the Court that the usufruct for three years has already been recovered and has been paid to the petitioner. Learned counsel for the petitioner submits that the property was taken in possession by the Receiver under the orders of the Sub -Divisional Magistrate somewhere in the year 1977 and since then the Receiver has not given any account nor he has paid the money to the petitioner nor has deposited the amount in the Sub -Divisional Magistrates Court.