IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12274 of 2008 RAMBAHADUR SINGH, S/O LATE RAM LAGAN SINGH, RESIDENT OF VILLAGE- SANCHI PATTI, P.S.- TOWN HAZIPUR, DISTRICT- VAISHALI. … PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY. 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE INSPECTOR GENERAL OF POLICE, TIRHUT RANGE, MUZAFFARPUR. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, TIRHUT RANGE, MUZAFFARPUR. 5. THE SUPERINTENDENT OF POLICE, VAISHALI, HAZIPUR. 6. THE ASSISTANT SUPERINTENDENT OF POLICE, VAISHALI AT HAZIPUR. 7. THE POLICE INSPECTOR-CUM-OFFICER, IN-CHARGE, HAZIPUR TOWN POLICE STATION, HAZIPUR. 8. UMASHANKAR SINGH, S/O SRI RAM BILASH SINGH, RESIDENT OF MOHALLA- SANCHI PATTI, P.S. HAJIPUR TOWN, DISTRICT- VAISHALI. … RESPONDENTS. with CWJC No.18246 of 2008 UMA SHANKAR SINGH S/O RAM BILASH SINGH, RESIDENT OF VILLAGE- SHANCHI PATTI, P.S. TOWN HAJIPUR, DISTRICT- VAISHALI. … PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, VAISHALI AT HAJIPUR. 3. THE SUPERINTENDENT OF POLICE, VAISHALI AT HAJIPUR. 4. SUB-DIVISIONAL POLICE OFFICER, HAJIPUR TOWN, VAISHALI AT HAJIPUR. 5. THE OFFICER-IN-CHARGE, TOWN POLICE STATION- VAISHALI, AT HAJIPUR. 6. CHANDESHWAR SINGH S/O NOT KNOWN OF VILLAGE- FATEHPUR(RAGHOPUR) P.S. RAGHOPUR, DISTRICT VAISHALI (THE HOME GUARD AND PRESENTLY WORKING AS SERVANT OF OFFICER-IN-CHARGE, VIJAY KUMAR SINGH HAJIPUR TOWN POLICE STATION, VAISHALI AT HAJIPUR. … RESPONDENTS. ----------- 5. 04.01.2011 Heard learned counsel for the petitioner and the State in both the writ petitions. 2. Petitioner in C.W.J.C. No. 12274 of 2008, is 2 aggrieved by the order of the Assistant Superintendent of Police, Sadar Hazipur, Vaishali bearing memo no.1137/08 dated 11.5.2008, Annexure-4, whereunder he has given direction to the Police Inspector-cum-Officer-in-Charge Town P.S. Hazipur to get the property in question vacated within 24 hours. In compliance of the aforesaid direction, possession of the petitioner from portion of holding no. 353 was removed and lock was put on 21.11.2008 by the Assistant Sub-Inspector, Hazipur Town P.S. in the premises vacated by the petitioner which fact was noticed by this Court under orders dated 22.12.2010 and having noticed the said fact this Court in presence of Dy S.P. Headquarter Hazipur permitted the petitioner to break open the lock from the premises in question and to take possession of the premises. In compliance of the order of this Court the petitioner took possession of the presmises in question on 31.12.2010. It is submitted on behalf of the petitioner that his dispossession from the property in question at the instance of the Assistant Police Superintendent was wholly without jurisdiction as the police authorities does not have any jurisdiction to dispossess any one from the property. Appreciating the aforesaid submission under orders dated 22.12.2010, this Court directed the petitioner to resume possession of the property in question. Private Respondent No.8 who is the agnate of the petitioner has since appeared and he states that the portion from which petitioner was 3 dispossessed by the Police Officer is part of holding no. 352 which is in his (Respondent No.8) share and this Court before disposing of the writ petition should consider the submission of Respondent No.8 and he be allowed possession of the property in question. From the pleadings made in the writ petition it appears that Partition Suit No. 541 of 2000 is pending in the Court of Subordinate Judge, Hazipur at Vaishali plaint whereof is contained in Annexure-3 to this application which indicates that Respondent No.8 is one of the plaintiffs. Counsel for the Respondent No.8, however, disputes that Respondent No.8 ever filed any partition suit. Counsel for the petitioner, again reiterates that aforesaid partition suit is even pending today and next date fixed in the suit is 18.1.2011. Parties in the partition suit can inter change position with permission of the Court. The partition suit in question is pending between the parties for more than 10 years. In appreciation of such fact with consent of the parties, I direct the Subordinate Judge, Hazipur at Vaishali to proceed with the hearing of the suit and dispose of the same, as early as possible, in any case within three months from the next date fixed i.e. 18.1.2011. Both the parties are directed to appear through their counsel on the date fixed in the matter so as to enable the Subordinate Judge to proceed with the hearing of the matter. In the event of non cooperation by any of the parties the Subordinate Judge may proceed with the hearing ex-parte. In the event Subordinate Judge concludes that the 4 property in question is part of holding no. 352 petitioner herein shall be liable to pay compensation to Respondent No.8 Uma Shanker Singh for the period of his possession from the property from 31.12.2010 till the date of restoration of possession of Uma Shanker Singh at the market rate prevailing in the area. Appreciating the submission of the petitioner that Assistant Superintendent of Police does not have jurisdiction to direct for dispossession from any property the order dated 11.5.2008, Annexure-4 is quashed. 4. Both the writ petitions are, accordingly, disposed of. Ibrar/- ( V.N. Sinha, J.)