IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17179 of 2009 SATISH KUMAR RAI son of Bidyarthi Rai, Resident of Chakiya, At present Lah Bazar, Police Station Chapra Town, District- Saran. . . . . . Respondent / petitioner. Versus 1. THE STATE OF BIHAR 2. The Sub-Divisional Officer, Chapra Sadar, Chapra. 3. The Circle Officer, Sadar Chapra. 4. The Officer-in-charge, Chapra Town, Saran. 5. Pawan Kumar Gupta son of Late Jagarnath Prasad, Resident of Mohalla Lah Bazar, Police Station Chapra Town, District- Saran. At present residing at 10/11, A.P.C. Road, IIIrd Floor, Machipura, Kolkata-9. ……..Respondents/Respondents 1st Set/ Opp. Party. 6. Kishmat Devi w/o Jagarnath Prasad, Resident of Lah Bazar, Police Station Chapra Town, District Chapra, At present residing at Hariharpur, Police Station Baniapur, District- Saran. . . . . . Petitioner / Respondent 2nd Set/ Opp. Party. ----------- 10/ 23.12.2009 Heard. In the instant application, the petitioner has prayed for modification of order dated 11.02.2009 passed in Cr.W.J.C. No. 50 of 2007. The respondent no.6, 2nd set Kismat Devi had filed a writ application bearing Cr.W.J.C. no. 50 of 2007 for quashing the order dated 23.10.2006 passed by Sub-Divisional Officer, Chapra, Saran in Case No. P 589 of 2004, whereby he held that though the petitioner is entitled for restoration of possession over the house appertaining to holding no. 527 corresponding to old holding no. 349 / 434 and 430, Circle No. 13, ward no. 2 situated in Mohalla Lah Bazar, P.S. Chapra Town, District Saran at Chapra, but however directed her to take step for evicting private respondents in the competent Court. This Court by order dated 11.02.2009 after noticing the earlier order dated 07.02.2003 passed in C.W.J.C. No. 12409 of 2002 observed as follows: - 2 - “As such, the direction passed by this Court in CWJC No. 12409 of 2002 will be applicable. It appears that opp party was put in possession despite status quo order in F.A. No. 377 of 1987 passed on 7.2.1989. This Court directs the Executive Magistrate to lock the premises in question restraining both sides from entering into it. The question as to who would be put in possession would be decided in appropriate application which is to be filed in the First Appeal pending in this Court.” The petitioner in the instant modification application has prayed for modifying the aforesaid order observing that petitioner of Cr.W.J.C. No. 50 of 2007 did not come with clean hands and obtained the order by misrepresentation and suppressing the material facts. Counsel for Kismat Devi in this application, however, controverted the aforesaid submissions. After hearing the counsel for the parties, as issue of facts are disputed by the party, I am not inclined to interfere with the impugned order passed earlier on 11.02.2009 in Cr.W.J.C. No. 50 of 2007. Nonetheless, this Court observes that aforesaid order would be confined to the subject matter of the writ application relating to holding no. 527 corresponding to old holding no. 349 / 434 and 430, Circle No. 13, ward no. 2 situated in Mohalla Lah Bazar, P.S. Chapra Town, District Saran at Chapra With the aforesaid observation, this modification application is disposed of. Uday/ (Samarendra Pratap Singh, J.)