IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.932 of 2008 ====================================================== Uma Devi, wife of Sri Rajendra Prasad Gupta, resident of Mohalla Shankar Saraiya Fateh Tola, Police Station Turkaulia, East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Collector, East Champaran 3. The Sub-Divisional Officer, Sadar Motihari, District East Champaran 4. The District Sub-Registrar, Motihari, District East Champaran 5. Lalita Prasad Lalit, son of Late Binda Prasad 6. Amun Ranjan @ Amul Ranjan, son of Lalita Prasad Lalit 5 and 6 are resident of Mohalla Azad Nagar, Motihari, Police Station Motihari Town, District East Champaran 7. Aruna Devi, wife of Raghaw Sharan Pandey, resident of village mananpur, Police Station Govindganj. At present, mohalla Sri Krishna Nagar, Police Station Motihari Town, District East Champaran .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.8112 of 2007 ====================================================== 1. Lalita Prasad Lalit, son of Late Binda Prasad 2. Amun Ranjan @ Amul Ranjan, son of Lalita Prasad Lalit Both resident of Mohalla Azad Nagar Motihari, Police Station Motihari Town, District East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar through the Chief Secretary, Old Secretariate, Patna 2. The Collector, East Champaran, Motihari 3. The Sub Divisional Officer, Sadar Motihari, East Champaran 4. The District Sub-Registrar, Motihari East Champaran 5. Smt. Uma Devi, wife of Sri Rajendra Prasad Gupta, resident of Shankar Saraiya Fateh Tola, Police Station Turkaulia, East Champaran 6. Aruna Devi, wife of Raghaw Sharan Pandey, resident of village mananpur, Police Station Govindganj. At present, mohalla Sri Krishna Nagar, Police Station Motihari Town, District East Champaran .... .... Respondent/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) Patna High Court CWJC No.932 of 2008 (5) dt.18-10-2011 2 / 3 2 5 18-10-2011 Heard Counsel for the parties. These two writ applications are being disposed of by this common order as the subject matter of these two writ applications are common as they both relate to a shop and one katha of land situated in Azad Nagar, Thana No. 105, Touzi No. 644, Ward No. 20, Holding No. 362, Jamabandi No. 1145. Smt. Aruna Devi owns a house which has four rooms, one of the rooms has been sold to the petitioner Uma Devi. At present, the said shop is in the possession of Lalita Prasad Lalit and Amun Ranjan @ Amul Ranjan, petitioners of CWJC No. 8112 of 2007. The case of Amun Ranjan @ Amul Ranjan is that he had entered into an agreement and infact the document of registration was prepared for sale of the said shop (perhaps lands as well). However, Aruna Devi did not present herself before the Sub-Registrar, as a result of which the sale deed could not be executed. The petitioner Uma Devi, however, has a valid sale deed in her favour. Uma Devi is aggrieved by the fact that although the Sub Divisional Officer, Motihari has asked the petitioners of CWJC No. 8112 of 2007 to vacate the room, they are not taking any steps in that direction. The petitioners of CWJC No. 8112 of Patna High Court CWJC No.932 of 2008 (5) dt.18-10-2011 3 / 3 3 2007, on the other hand, are aggrieved by the same order as according to them, the Sub Divisional Officer has no authority to pass an order of eviction. It is submitted that it may be done only by the competent Civil Court. In reply thereto, Counsel appearing on behalf of the petitioner Uma Devi submits that it is an admitted fact that an appeal has been filed before the Collector, numbered as 54 of 2005-06 against the order of the Sub-Registrar, Motihari which is pending since a long time. This Court directs that the appeal may be expedited by the Collector, East Champaran, Motihari as that the matter may be settled expeditiously. The concerned parties would also have the liberty to file a suit for eviction before the competent Civil Court. These writ applications are disposed of with the aforesaid observations and directions. Prabhakar Anand/- (Sheema Ali Khan, J)