IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5123 of 2010 1. PRADIP KUMAR S/O SRI BINDESHWAR DHURJHAR R/O VILL PARWA, P.S.JAYNAGAR, DISTT-MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR , ANIMAL HUSBANDRY DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE REGIONAL DIRECTOR , ANIMAL HUSBANDARY DEPARTMENT DHARBHANGA 4. THE DISTRICT ANIMAL HUSBANDARY OFFICER MADHUBANI 5. THE GOSHALA DEVELOPMENT OFFICER HEAD OFFICE AT PATNA 6. THE REGISTRAR OF GOSHALA, BIHAR STATE GOSHALA PINJARAPOLE FEDERATION GOVERNMENT OF BIHAR, PATNA 7. THE DISTRICT MAGISTRATE MADHUBANI 8. SRI JAWAHAR SINGH, THE SUB-DIVISIONAL OFFICER-CUM-PRESIDENT , SRI KRISHNA GOSHALA SOCIETY JAYNAGAR, MADHUBANI 9. SRI UPENDRA SINGH, MANAGER, SRI KRISHNA GOSHALA SOCIETY JAYNAGAR, MADHUBANI with CWJC No.6513 of 2010 1. NAWAL KISHORE PRASAD @ NAWAL KISHORE YADAV S/O LATE RAM PRAKASH YADAV R/AT- GOSHALA ROAD, P.S.- JAYNAGAR, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, ANIMAL HUSBANDRY DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE REGIONAL DIRECTOR, ANIMAL HUSBANDRY DEPT. DARBHANGA 4. THE DISTRICT ANIMAL HUSBANDRY OFFICER, MADHUBANI 5. THE GOSHALA DEVELOPMENT OFFICER, HEAD OFFICE AT PATNA 6. THE REGISTRAR OF GOSHALA, BIHAR STATE GOSHALA PINJARAPOLE FEDERATION, GOVT. OF BIHAR, PATNA 7. THE DISTRICT MAGISTRATE, MADHUBANI 8. SRI JAWAHAR SINGH, THE SUB-DIVISIONAL OFFICER-CUM-PRESIDENT, SRI KRISHNA GOSHALA SOCIETY, JAYNAGAR, MADHUBANI 9. THE SUB-DIVISIONAL OFFICER, JAYNAGAR, MADHUBANI 10. SRI UPENDRA SINGH, MANAGER, SRI KRISHNA GOSHALA SOCIETY, JAYNAGAR, MADHUBANI ----------- 2 2 20.4.2010 Petitioners have come to this Court complaining against the action taken by the Sub-divisional Officer, Jaynagar (respondent no.8) in the capacity of President of Sri Krishna Goshala Society, a society registered under Societies Registration Act. It is not in dispute that the petitioners are tenants of the shops in the said premises . On the alleged ground of sub-let , allotments of the said premises were cancelled by order of Sub- divisional Officer and then at his instance the premises were locked. Petitioners’ grievance is against these actions of Sub-divisional Officer. To say the least the Court is aghast at the action taken by the Sub-divisional Officer. Goshala is not a government property nor the Subdivisional Officer is the custodian of the government property. Goshala Society has made him President. As President of the society, he has no authority of a Sub-divisional Officer. The two status are entirely different. Being President of the Goshala, he cannot absolve the authority as the Subdivisional Officer to do what even otherwise as a sub-divisional officer, he was incompetent to do. Even if it assumes that the petitioners are subletting the premises, though the allegation denied ,the law of land till exists landlord would have to move a Civil Court of competent jurisdiction to evict a person. No person is permitted to create disturb and take law in his own hands much less a Subdivisional Officer. I failed to understand that under what authority this has been done. Even if respondent no.8, Sub- divisional Officer is acting in the capacity of Subdivisional Officer, he has no such authority from where he acquires this authority one 3 wonders. It is a clear abuse of power . I, therefore, hold that even though the Goshala Committee may cancel the allotment and create a dispute, it has no authority to lock the premises except under orders of Civil Court of competent jurisdiction. The possession of the petitioners cannot be interfered with in any manner. The Sub-divisional Officer has chosen to do. I, therefore, direct that within twenty four hours of production of a copy of this order before Sri Krishna Goshala Society, Jaynagar, District – Madhubani, locks, as put by any person other than the petitioners ,would be broken and possession restored to the petitioners. It would be the responsibility of the Subdivisional Officer, Jaynagar to ensure proper compliance of this order forthwith. With the aforesaid observations and directions, the writ petitions stand disposed of. Singh (Navaniti Prasad Singh, J.)