1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6665 of 2004 RAJ BAHADUR DALIP NARAYAN SINGH TRUST ESTATE, Munger through Managing Trustee Shree Narayan Singh, S/o late Raghubar Narayan Singh, resident of ‘Uddian’ Dalip Mahal Mohalla Purabsarai, P.S.Kotwali, Dist.Munger—petitioner Versus 1.THE STATE OF BIHAR 2.District Magistrate, Munger 3.Superintendent of Police, Munger 4.Sub-Divisional Officer, Sadar, Munger 5.Officer-in-Charge, Kotwali P.S., District Munger 6.Bindeshwari Yadav, son of late Nageshwar Yadav 7.Bijay Yadav, son of Bindeshwari Yadav Both residents of Mohalla Hemdiara, P.S.Kasim Bazar District Munger 8.Suresh Pd. Gupta, son of late Radhika Pd., resident of Mohalla Madhopur, P.O.Basudeopur, P.S.Kotwali District Munger----------------------------respondents ----------- 3. 15.3.2010 Heard learned counsel for the petitioner, learned Standing Counsel No.1 for the State and learned counsel for the respondent Nos. 6 & 7. The writ application has been filed for a direction to the Police authorities to unlock the premises of the petitioner standing upon Plot No. 59/91 of Khata No. 18, Ward No. 17, Jamabandi No. 88, Tauzi No. 1333 of Mauza Gird Kila situated in Munger town and to hand over possession of the same to the petitioner and also for a direction to the Munsif II, Sadar Munger to expeditiously dispose of the petition dated 23.1.2004 (Annexure-7) filed 2 by the petitioner under Order 39 Rule 2A CPC and also for a direction to the Munsif II, Munger to take any other legal action against the respondents Nos. 6 & 7. Learned counsel for the petitioner submits that the first prayer had been made for the reason that the court of Munsif II, Sadar Munger was not functioning at the time when the writ application was filed but there is a regular court functioning as Munsif II, Sadar Munger and, thus, he confines the reliefs only to the expeditious disposal of the petition dated 23.1.2004 filed under Order 39 Rule 2A CPC and another petition filed on 13.2.2004 (Annexure-13) before the court of Munsif II, Munger praying for restoration of the possession of the suit premises to the plaintiff with respect to which the plaintiff claims that he has been forcefully dispossessed by the respondents Nos. 6 & 7 despite an order of injunction passed by the court below. In view of the aforesaid facts, this Court is of the view that it would be 3 appropriate for this Court not to enter into the merits of the matter and dispose of the same by issuing a direction to the Munsif II, Sadar Munger to expeditiously dispose of the petitions dated 23.1.2004 and 13.2.2004 filed by the petitioner. The writ application is, accordingly, disposed of with the aforesaid direction to the Munsif II, Sadar Munger to dispose of the aforesaid two petitions filed by the petitioner in Title Suit No. 24 of 1997 within a period of four months from the receipt/production of a copy of this order. (Ramesh Kumar Datta,J.) spal