IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12736 of 2004 1. M/S SHIV SHAKTI TRADERS through its partners namely Arun Kumar Sharma, son of Late Sunder Deo Sharma, resident of New Agarwa, Motihari, PS Town, District East Champaran 2. Pankaj Kumar Thakur, son of Sri Akhileshwar Prasad Thakur, another partner of M/s Shiv Shakti Traders, resident of Bhawanipur Zirat (Shastri Nagar), PS Town, Motihari, District – East Champaran ….Petitioners Versus 1. BIHAR STATE CO-OPT.MKT.UNION Ltd. Through its Chairman, Biscomaun Bhawan, West Gandhi Mandan, Patna - 800001 2. The Chairman, BIHAR STATE CO-OPT.MKT.UNION Ltd. Biscomaun Bhawan, West Gandhi Mandan, Patna -800001 3. The Chief Engineer, BIHAR STATE CO-OPT.MKT.UNION Ltd., Biscomaun Bhawan, West Gandhi Mandan, Patna -800001 4. Srijit Singh alias Munna Singh, son of Not known to the petitioner, resident of Raja Bazar, near Bajaj Agency Motihari, PS Town, District – East Champaran ….Respondents ----------- 11- 29.3.2010 Heard Mr. Ajay Kumar for the petitioner, Mr. Ahsanuddin Amanullah for respondent nos. 1 to 3, and Mr. Satyavrat Verma for respondent no.4. The respondent – Bihar State Co-operative Marketing Union (BISCOMAUN, in short) is the owner of a cold storage at Turkaulia, in the district of East Champaran, which is leased out for operations. The petitioner and respondent no.4 locked horns to take the same on lease. It was leased out to respondent no.4, leading to the present writ petition. Learned counsel for respondent no.4 submits that he has already handed over possession of the cold storage to BISCOMAUN. 2. The writ petition is accordingly disposed of. It goes without saying that it is open to BISCOMAUN to deal with the property in the manner it is advised and in accordance with 2 law. It is made clear that we have not felt the necessity of examining the preliminary issue raised by learned counsel for respondent nos. 1 to 3 to the effect that this writ petition against BISCOMAUN is not maintainable. ( S K Katriar ) ( Kishore K Mandal ) mrl