IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.859 of 2009 PRAMOD KUMAR S/O LATE CHUNNU PRASAD, R/O MOHALLA- BAG TAJ KHAN(POKHRAJ TOWN)HAJIPUR, DISTRICT- VAISHALI AT P0RESENT R/O FLAT NO. 504, NARAYAN PLACE ROAD, NO. 42, FRASER ROAD, P.S.- KOTWALI,DISTRICT PATNA ...........................PETITIONER. Versus 1. STATE OF BIHAR THROUGH ITS ‘COLLECTOR, VAISHALI. 2. THE SUPERINTENDENT OF POLICE, VAISHALI AT HAJIPUR. 3. THE OFFICER-IN-CHARGE, TOWN POLICE STATION, HAJIPUR, DISTRICT- VAISHALI .......................RESPONDENTS. 3 03-08-2010 The petitioner in the instant application seeks direction to the respondent authorities to provide protection for construction of his shop over S.P. No. 557, 558 of Khata No. 528, measuring 0183 hectare situated in Soni Alankar Bhawan, Gudari Bazar, Hajipur. He further prays that a direction be issued to respondent No. 3 not to interfere in the construction of the shop in the said campus and to complete the investigation of Hajipur P.S. case no. 433/09. According to petitioner, he is a raiyat of survey plot no. 557, 558 of Khata No. 528, measuring 0183 hectare, in Hajipur as he has purchased the aforesaid plot from one Sheo Nath Chaudhary through a sale deed, dated 05-02-1985. His four brothers also purchased equal area in the said plots. The petitioner and the co-sharer jointly constructed a market over part of their land and it was let on rent to tenants including L.I.C. A deed of agreement was executed between the co-sharer for its management on 18-1-1993. A lease deed dated - 2 - 5th August, 2004 entered with L.I.C. by one of the Co-sharers Binod Kumar and Manager Pramod Kukar. As per the agreement, the lease of L.I.C. expired on 31st of January, 2009. Learned counsel submits that the lease deed provide for cycle/scooters shed for the use of lessor’s staff and customers, and also a parking space for Motor cars/jeep of the lessee free of cost for maximum of 60(sixty) vehicles. The petitioner submitted a plan for construction of two shops on his part of the aforesaid plots measuring 600 square feet, in the area in front of his shop and the Hajipur Municipality even accorded sanction, after inquiry on 03-06-2009. He further submits that the lease of L.I.C. has not been renewed and as such they are not entitled to continue in the possession. A counter affidavit has been filed on behalf of the State, whereas it has been stated that a letter has been written by the Chief Manager, L.I.C. to Binod Kumar, one of the co-sharers, for stoppage of construction at the Parking site. Having heard the counsel for the parties and on going through the materials on record, the petitioner could make constructions on the part of aforesaid plot with the consent of the other co-sharers only. The petitioner has every right to make construction over the aforesaid plot subject to sanction of map and subject to conditions in agreement entered with the tenants. If the construction in no way affects the conditions of agreement, it cannot be stopped. The petitioner submits that he is willing to constrict - 3 - the area of constructions as well. If the petitioner files an application before S.D.O., Hajipur experiencing his willingness to constrict the construction area of shops which in no way would obstruct the parking of the vehicles as agreed with the L.I.C., the S.D.O would look into the matter and would pass appropriate order in accordance with law. So far as vacation of premises by the L.I.C., is concerned, the petitioner may move appropriate authorities. With the aforesaid observation and direction this application is disposed of. S.P. (Samarendra Pratap Singh, J.)