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.)