RAGHUNATH JHA RAJA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 13.5.2003, passed by the Subdivisionai Officer, Phulparas in Misc. Case no. 12 of 2002 whereby he has directed the persons mentioned in the order to vacate the shop/house failing which it has been directed that they shall be evicted by the use of force and handed over to its owner respondent nos. 6 and 7.

(2.) THIS order is purported to have been passed by the Subdivisionai Officer in exercise of power conferred under the Bihar Building (Lease, Rent and Eviction) Control Act (hereinafter referred to as the Act).

(3.) AS the order impugned has been passed without any authority of law same cannot be allowed to stand. However, this will not preclude the Subdivisionai Officer to exercise its power under any other statute if available to him. It is made clear that I have not adjudicated upon the right, title, and interest of the parties in the present proceeding.