IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.14245 OF 2011 DRIGONMESHWAR, SON OF LATE BAIDYA SEETA RAM, RESIDENT OF HARDING ROAD (KRANTI MARG), POLICE STATION SACHIVALAYA, POST OFFICE G.P.O., DISTRICT PATNA ………………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. SHRI SUDHIR KUMAR, SECRETASRY, BUILDING CONSTRUCTION DEPARTMENT, VISWESHWARAIYA BHAWAN, BAILEY ROAD, PATNA 3. SHRI SANJAY KUMAR SINGH, COLLECTOR –CUM- DISTRICT MAGISTRATE, PATNA …………………………………………………RESPONDENTS ********** 5 22/11/2011 Heard Counsel for the petitioner and the State. The petitioner has filed this writ application with a prayer that the respondents should abide with the judgment and decree of the Civil Court, Patna passed in Title Suit No. 36 of 1994 and for a direction that the respondents should hand over possession of Plot no. 1195 and 1196 of Khata No. 60, Touzi No. 5140 by which the petitioner was forcibly evicted. While hearing the matter yesterday, an allegation was made that a senior official of the Government (now retired) had locked the family members of the petitioner in their room. This Court ordered for an enquiry, the report of which has been submitted by the City Superintendent of Police, West, Patna. From the report submitted by the City Superintendent of Police, West, Patna, it appears that the petitioner and his family 2 members were found living in the southern portion of the premises in a separate block. The allegation that the family members of the petitioner were locked inside the room was not supported by the enquiry held. The enquiry report also reveals that in the northern portion of the premises, which is a Government accommodation, is occupied by Mr. Pancham Lal. The point of dispute is that there is a common entry to the Government Bungalow and the portion where the petitioner lives, which may have caused some inconvenience to the petitioner at some point of time or may caused inconvenience to Mr. Lal as well. In these circumstances, no order is required to be passed by the Court as this Court is not the executing Court of any order or any judgment/decree of the Civil Court as there is a procedure under the law to implement such decrees. This writ application is disposed of with the aforesaid observations. The report of the City Superintendent of Police. West, Patna may be kept on record and will form part of the record. Anand ( Sheema Ali Khan, J.)