IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8635 of 2008 BINOD NARAYAN SHARMA & ANR Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :- Mr. Madan Prasad Singh, Adv. Mr. Manoj Kumar Singh, Adv. Mr. Satyendra Kumar Singh, Adv. For the State :- Mr. P. K. Verma, (A.A.G. XI) Mr. Mankeshwar Tiwari, J.C. to A.A.G. XI ------------- 6. 29.9.2008 Heard learned counsels for the parties. The petitioners seek quashing of the entire eviction proceeding initiated under the Bihar Government Premises (Rent, Recovery and Eviction) Act, 1956 and in particular the order dated 22.2.2008 passed by respondent no. 2, the Competent Officer, Department of Building Construction, Government of Bihar, Patna and the appellate order dated 13.5.2008 passed by respondent no. 3, the Appellate Authority, Bihar Government Premises (Rent, Recovery and Eviction) Act, 1956. The main contention of learned counsel for the petitioners is that the respondent no. 2 did not have any jurisdicition to act under the said Act and in that view of the matter the suo motu appellate proceedings are also not valid in the eye of law. This Court in a similar matter, that is, C.W.J.C. No. 5704 of 2008 (Shyam Bahu Rai Vs. The State of Bihar & Ors.) on 19.9.2008 quashed the entire proceedings including the original and the appellate orders with a liberty to the State Government to start fresh proceedings under the said Act or under any other law, if so advised. Since similar issues arise in the present matter, this Court - 2 - disposes of this matter also in terms of the order dated 19.9.2008 passed in C.W.J.C. No. 5704 of 2008 and the entire proceedings initiated under the Bihar Government Premises (Rent, Recovery and Eviction) Act, 1956 including the orders dated 22.2.2008 and 13.5.2008 are quashed with the similar liberty to the State respondents. P. Kumar (Ramesh Kumar Datta, J.)