Patna High Court - Orders
Manoj Kumar Ghosh vs The State Of Bihar & Ors on 20 June, 2011
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11790 of 2010
MANOJ KUMAR GHOSH
Versus
THE STATE OF BIHAR & ORS
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5. 20.6.2011. Heard Mr. Suraj Narain Yadav, learned counsel for the petitioner and Mr. Krishna Chandra Jha, learned Assisting Counsel to SC-2.
Despite service of notice on respondent no.10, he has not appeared.
The petitioner complains of being illegally dispossessed from the shop allotted to him by the respondent no.10 under the orders and directions of the respondent no.8 the Sub-Divisional Officer, Jaynagar, Madhubani who also happens to be the ex- officio President of the Society.
Learned counsel, while referring to a notice placed at Annexure-5 of the writ petition, submits that by the said notice, proceedings under section 107 Cr.P.C. has been instituted against three persons in respect to the shops allotted to them respectively. He further submits that two of them, namely, Pradeep Kumar and Nawal Kishore Prasad approached this Court through C.W.J.C.No.5123 of 2010 and C.W.J.C.No.6513 of 2010 which were disposed of with directions to the Society for restoration of possession of their respective 2 shops and thus, the case of the petitioner standing on a similar footing, be disposed of accordingly.
Mr. Krishna Chandra Jha, learned Assisting Counsel to SC-4, prays for a short adjournment to seek instructions on this limited issue.
Although the matter has been adjourned from time to time, but this Court by way of last indulgence, would give one more opportunity to the State to file their counter affidavit keeping in mind the judicial pronouncement placed at Annexure-6 to the writ petition.
As prayed, put up on 8.7.2011 retaining its position.
ahk (Jyoti Saran, J.)