IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.371 of 2009 ALOK KUMAR SHARMA @ ALOK KUMAR @ BITU Versus STATE OF BIHAR & ORS ----------- 2 08.05.2009 Office note is that the petition is not maintainable under articles 226 and 227 of the Constitution of India, in view of the order passed in C.W.J.C.No. 1786 of 209. The order dated 5th February 2009 is Annexure-3 and it reads as follows: “After some argument, learned counsel for the petitioner seeks liberty to withdraw the writ application for filing an appropriate proceeding before the appropriate forum.” Thus, the petitioner had earlier filed civil writ application being C.W.J.C.No. 1786 of 2009, but the same was withdrawn with liberty to file appropriate proceeding before the appropriate forum. Prayer of the petitioner is that he was a tenant in the house of respondent no.3 and that the respondent no.3 has unlawfully dispossessed him from the tenanted house. Therefore, relief has been sought for a direction for putting him in possession of the premises. As the petitioner had earlier filed civil writ application for the same relief and it was withdrawn with liberty to file appropriate proceeding before the appropriate forum, petitioner was required to take necessary recourse before other forum. In this case, there is nothing on the record to show that the petitioner had ever filed any F.I.R. before the Police authorities or he even approached the learned Chief Judicial 2 Magistrate for the purpose of filing any complaint in this regard. No other recourse of law has been availed. Simply an assertion of the petitioner is in the petition that he has been evicted. In such view of the matters, the Office has rightly reported that the application is not maintainable under Articles 226 and 227 of the Constitution of India. This application is, accordingly, dismissed as not maintainable. Jay/ ( C. M. Prasad. J. )