High Court Patna High Court - Orders

M/S Sudhir Kumar Subhas Kumar … vs The State Of Bihar &Amp; Ors on 29 March, 2011

Patna High Court – Orders
M/S Sudhir Kumar Subhas Kumar … vs The State Of Bihar &Amp; Ors on 29 March, 2011
                             IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       CWJC No.4176 of 2011
                           M/S SUDHIR KUMAR SUBHAS KUMAR TRADERS & ORS
                                              Versus
                                     THE STATE OF BIHAR & ORS
                                           -----------

2. 29.03.2011 Learned Counsel for the petitioners submits that they are in

lawful occupation of the premises in question ands are paying rent also.

The impugned order wrongly classifies them as encroachers and

purports to illegally deprive them of their livelihood by running petty

shops in the market place.

Counsel for the State prays for time to file counter affidavit.

In the meantime operation of the orders dated 15.2.2011 and

22.2.2011 shall remain stayed and the respondents are restrained from

interfering with the occupation and enjoyment of the premises occupied

by the petitioners except in accordance with law, if the petitioners

otherwise continue to pay the occupation charges.

Nothing in this order shall be deemed or construed as restraint

in any manner upon the respondents for revision etc. of the occupation

charges if they so wish in furtherance of the order dated 30.9.2010 of

respondent no. 2.

List for admission after four weeks.

Snkumar/-                                           (Navin Sinha,J.)