IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4430 of 2002 MD.ABID HUSSAIN s/o Late Ibrahim Dafali, @ Tahri Hussan, Resident of Mohalla- Chaudhary Tola, Ashok Raj path, P.S.-Sultanganj, District- Patna. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. M. Rao (Branch Manager) Finance Corporation of India, Industrial Area, Fatuha, Patna. 3. K.N. Tiwari, (Deputy Manager) 4. Ajit Kumar Singh (Manager) 5. Subdivisional Magistrate, Patna City. 6. Sudhir Kumar Bara, Executive Magistrate, (Patna City) 7. Ramesh Kumar Chauhan, Executive Magistrate, Patna City. 8. D.P. Tiwari, Executive Magistrate, Patna City. . . . . . Respondents. ----------- 6/ 18.11.2009 On previous day i.e. 17.11.2009 this case was taken up. Counsel for the petitioner was present and no one appears for respondent nos. 2 to 8. No one appears for respondent nos. 2-8 today. Counsel for the State is, however, present. In the instant writ application the petitioner prays for directing the respondents to unlock the Tailoring shop in the name and style of Prince Tailors as it had no relation with one Kuldeep Narayan s/o Shyam Narayn, who may be owing some dues to the Finance Corporation. The petitioner states that his house and shop is situated on plot no. 498, holding no. 56/48 A (Old) 78 A (New) at main Road Ashok Raj Path at Mohalla Naya Chaudhary Tola, P.S. Sultangaj, District-Patna. He states in his interlocutory application bearing no. 4497 of 2002 that adjacent plot bearing no. 497 stands in the name of Kuldeep Narayan son of Shyam Narayan. He alleged that on 28.11.2001 the respondent Branch Manager, Finance Corporation of India, Industrial Area, Fatuha, Patna along with police force came and locked his premises instead, stating that the said plot belongs to one Prakash Narayan, proprietor of Press - 2 - Chemical of India, who took loan from Financial Corporation after mortgaging the aforesaid land. The petitioner has filed Municipal Khatian and Municipal Tax receipts, which are annexed as Annexures 1 and 2 to this application. It does not appear from the materials on record whether any opportunity of hearing was given to the petitioner before locking his premises or not. Further more, there is nothing on record that petitioner has any connection with Prakash Narayan, who holds the adjacent plot no. 497 bearing holding no. 56. In such circumstances, if petitioner files a representation before the Sub-Divisional Magistrate, Patna City, he / she after providing an opportunity to the petitioner as well as the Branch Manager, Financial Corporation of India, Industrial Area, Fatuha will pass appropriate order within four months from the date of receipt of a copy of this order. If the premise of the petitioner has been locked without giving notice to him, the learned Magistrate may also pass an interim order for unlocking the Tailoring shop of the petitioner also. In case, the respondents do not appear even pursuant to notice the Sub-Divisional Magistrate, Patna City would proceed to dispose of the application of the petitioner. With the aforesaid direction this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)