IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1265 of 2010 CHHEDI PANJIYAR S/O LATE SITA RAM PANJIYAR R/O DAHLAN CHOWK, SAHARSA TOWN, P.S.SAHARSA,DISTT-SAHARSA . VERSUS 1. THE STATE OF BIHAR. 2. THE COLLECTOR CUM DISTRICT MAGISTRATE SAHARSA,P.O.+P.S. SAHARSA,DISTT-SAHARSA. 3. THE SUB DIVISIONAL OFFICER SAHARSA SADAR,P.O.+P.S.SAHARSA,DISTT- SAHARSA. 4. THE ANCHAL ADHIKARI SAHARSA AT KAHRA,P.S.SAHARSA,DISTT-SAHARSA. 5. BAUKU SHARMA @ BAUKU KAMAR S/O BRAHMADEO SHARMA MOH D.B.ROAD,SAHARSA,P.S.+DISTT-SAHARSA. ----------- For the Petitioner : Mr. Chadrashekhar, Sr. Adv. Mr. Nikunj Sekhar, Adv. For the State : Mr. Raj Kamal, AC to SC-20. ------------- 02 13.04.2010 The petitioner has come to this Court challenging the notice issued by the Anchal Adhikari, Saharsa at Kahra by which he has directed that pursuant to the direction issued by the District Magistrate, Saharsa petitioner’s tenants have been directed to vacate the premises, which they are illegally occupying, depriving the lawful right of landlord of his possession. Petitioner challenges as to under what authority such a direction could be issued by the District Magistrate. It is not in dispute that the premise is not government building nor building on government land. It is also not in dispute that as between the petitioner and other persons for whose benefit the notice has been, there have been litigation in which other person has lost and the judgment became final. Having found a favourable District Magistrate, he approached and obtained such laconic order without jurisdiction. This Court is shocked at the conduct of the District - 2 - Magistrate, Saharsa in even considering and issuing such a direction much less entertaining such pleas. I may sure that he is responsible enough to realize his jurisdiction and his limitations. In that view of the matter, I have no option but to quash the notice as issued and restrain the district authorities including the District Magistrate from interfering with the possession of the petitioner or his tenant in respect of the premises in question, except under authority of law or an execution of a decree of a competent Court or authority. The notice is, accordingly, quashed and the writ petition is allowed. Trivedi (Navaniti Prasad Singh, J.)