OROOJ HASSAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed, under Articles 226 and 227 of the Constitution of India, for issuance of mandamus commanding respondent first set i.e., the State-respondents to open the lock on the rented shop of the petitioner, which was put by respondent second set i.e., the land lord.

(2.) The case of the petitioner is that there was relationship of landlord and tenant under an agreement between the parties. However, the respondent second set forcefully and in collusion with respondent 1st set locked the shop, which is against the mandate of Bihar Building (Lease, Rent and Eviction) Control Act, 1982, as such, fundamental right of the petitioner has been violated.

(3.) During pendency of this application I.A. No. 979 of 2017 has been filed on behalf of the petitioner praying therein for grant of ad interim relief by restoration of possession of the petitioner in pursuance of order of the Sub-Divisional Officer, Samastipur, passed, on 02.07.2014, in House Control Case No. 4 of 2014, under Section 10(1) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982, whereby the learned Sub-Divisional Officer, Samastipur, had directed to the respondent second set for unlocking of the said shop and restoration of possession in favour of the petitioner with all amenities.