IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.280 of 2009 DEEPAK KUMAR, S/O LATE BISHESHWAR PRASAD NARAYAN SINGH, R/O LAXMI PALACE PANDOI KOTHI, BORING ROAD, P.S.-BUDHA COLONY IN THE DISTRICT OF PATNA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, PATNA. 3. THE SENIOR SUPERINTENDENT OF POLICE, PATNA. 4. THE SUPERINTENDENT OF POLICE, PATNA. 5. THE OFFICER-IN-CHARGE, BUDHA COLONY, POLICE STATION. 6. M/S RITURAJ HOMES PVT. LTD. THROUGH ITS MANAGING DIRECTOR NAMELY ASMIT RITURAJ S/O SRI RAJ NANDAN PRASAD SINGH, C/O KAPILDEO PRASAD SINGH @ PALLU DEV BHAWAN, NEW KHASPUR HOUSE, BHAWAR POKHAR, P.S.-PIRBAHORE, DISTRICT-PATNA. 7. JAI PRAKASH SINGH, S/O LATE RAM NARAYAN PRASAD SINGH, R/O MOHALLA-JAI MANGAL SINGH LANE, MAHENDRU, P.S.-SULTANGANJ, DISTRICT-PATNA. ----------- 2 19.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has filed this writ application for a direction for commanding the respondents to remove the private respondent no. 7 from his illegal, forcible possession from the part of the building which has fallen into the share of the petitioner in the developed and constructed building on plot No. 132 appertaining Khata No. 407, Tauzi No. 878, Ward No. 4, Circle No. 249 situated at Pandoi Kothi, Boring Road, P.S. Budha Colony town and District Patna. Contention of petitioner is that he had entered into a building agreement with one M/S Rituraj Homes Pvt. Ltd (respondent no. 6) on the - 2 - basis of share of 50% each. Thereafter pursuant to the agreement, building was completed and the petitioner and his family members started to live in the said building in their share. Later on respondent no. 7 forcibly entered into the premises and occupied entire share of the petitioner illegally and without any authority of law. Learned counsel for the petitioner submits that the petitioner has filed petition before the Collector, Patna as well as S.P. Patna for removal of illegal occupants from his share of the property and he moved before the Hon’ble Chief Minister also in Janta Darbar. The Hon’ble Chief Minister directed the authorities to take action in the matter. However, it is submitted that inspite of the direction of the Hon’ble Chief Minister and inspite of filing several petitions by the petitioner before the district authorities namely, District Magistrate, Patna and S.P., Patna they have not taken any action in the matter. Learned counsel for the petitioner has referred to the petition filed by the mother of the petitioner before the Officer-in-Charge of - 3 - the police, the Sr. S.P. of police, Patna and the S.P., Patna, which have been annexed as Annexure-2 and 3, with a copy of the same to the District Magistrate. It is obvious that the petitioner has a constitutional right to enjoy his property towards which he claims his legal right on the basis of title and possession and any interference in that by a stranger without any recourse to law has to be stopped and prevented by the authorities. Since the petitioner has filed complains before the authorities as pointed out above, the district authorities are legally obliged to consider the same and take necessary action in the matter in accordance with law. This Court directs the District Magistrate to do the same as expeditiously as possible preferably within a period of three months. With above directions, this writ application is disposed of. Arvind/ (J. N. Singh, J.)