SUSHIL KUMAR SIKARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have invoked the writ jurisdiction of this Court for issuance of direction to the respondent authorities particularly respondent No.6, the Officer-in-Charge of Raxaul Police Station in the District of East Champaran, commanding to unseal the premise of the petitioners, which have been sealed by respondent No.6 in collusion with respondent Nos.7 to 10. Further prayer is for immediate handing over of the vacant and peaceful possession of the said premise to the petitioners as petitioners were dispossessed by the police at the time of sealing of the premise.

(2.) The case of the petitioner is that Plot No.735 under Khata No.7, ad-measuring 2 Katha, situated at Bada Parewa, Raxaul, was purchased from Tikan Das through two different registered sale deeds, dated 23.06.1988 and 19.05.1989. Thereafter, the purchasers i.e., petitioner Nos.2 and 3, who are sons of petitioner No.1, were mutated in the government records and were/are paying the rent and getting the receipts.

(3.) In due course, the petitioners took loan on the land and holding for their newly established Sinclairs Laboratories and mortgaged the same with the bank. Later on, the business was sifted to Dehradoon and taking advantage of the absence of the petitioners, on 06.04.2015 the private respondent Nos.7 to 10 along with others forcefully entered into the said property claiming that the property belongs to them and thereafter ransacked the property after assaulting the employees of the petitioners. The matter was twice reported to the Raxaul Police, firstly on 06.04.2015 and secondly on 07.04.2015 and, then, Raxaul Police Station Case No.90 of 2015 was registered.