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Patna High Court - Orders

Chandra Shekhar Prasad Sah & Ors vs The Union Of India & Ors on 1 September, 2014

Author: Jyoti Saran

Bench: Jyoti Saran

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.6644 of 2014
                 ======================================================
                 1. Chandra Shekhar Prasad Sah Son of Late Saryu Prasad Sah, resident of
                    Dina Sahu Lane, Mundichak, P.S. Tilkamanjhi Kotwali, District
                    Bhagalpur
                 2. Vijay Buchasia Son of Late Shyam Sunder Buchasia, resident of
                    Sujaganj, P.S. Kotwali, District Bhagalpur
                 3. Ramdev Prasad Sah Son of Late Bishnu Prasad Sah, resident of Mohalla
                    Sujaganj, P.S. Kotwali, District Bhagalpur
                 4. Smt. Sushila Devi wife Of Late Satendra Prasad Sah, resident of Shib
                    Shankar Sahay Road, P.S. Tilkamanjhi Kotwali, District Bhagalpur

                                                                         .... ....   Petitioner/s
                                                    Versus

                 1. The Union of India through General Manager, Eastern Railway, Malda
                    Division, West Bengal
                 2. The Senior Divisional Commercial Manager, Eastern Railway, Malda
                    Division, West Bengal
                 3. The Divisional Engineer (Co-Ordination) Eastern Railway, Malda
                    Division, West Bengal
                 4. The Assistant Engineer Line, Jamalpur, Eastern Railway Jamalpur,
                    Munger, Bihar
                 5. The Estate Officer, Eastern Railway, Malda, West Bengal
                 6. The State of Bihar through the District Magistrate, Bhagalpur
                 7. The District Magistrate Bhagalpur
                 8. The Superintendent of Police, Bhagalpur
                 9. The Sub-Divisional officer, Bhagalpur
                                                                        .... .... Respondent/s
                 ======================================================
                 Appearance:
                 For the Petitioner/s       : Mr. Bimlendu Mishra
                 For the respondents 1 to 5 : Mr. Anshul
                 For the respondent 7 & 9 : Mr. Rana Jha, A.C. to S.C. 30
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
                 ORAL ORDER

2   01-09-2014

Learned counsel for the parties are present.

Mr. Bimlendu Mishra, learned counsel appearing on behalf of the petitioner after some arguments makes prayer for disposal of the writ petition with liberty to the petitioner to avail of the remedy available to him before the appellate authority under Patna High Court CWJC No.6644 of 2014 (2) dt.01-09-2014 2 the provisions of the Public Premises (Eviction of Unauthorized occupants) Act, 1971 (hereinafter referred to as 'the Act').

Section 9 of the Act provides a forum of appeal against an eviction order passed under the Act.

Considering the submissions, this writ petition is disposed of.

(Jyoti Saran, J) S.Sb/-

U           T