IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10826 of 2000 Dharmshila Devi wife of Late Ram Singh, residing at mohalla and Police Station-Gardanibagh, Patna town, District- Patna… ……Petitioner Versus 1. The State Of Bihar, 2. Senior Superintendent of Police, Patna, 3. Officer Incharge, Gandhi Maidan Police Station, District, Patna, 4. Kamal Hassan S/o not known to the petitioner, the Officer in Charge, Gandhi Maidan, P.S. Distt-Patna, 5. Ezaz Ahmad S/o Gyasuddin, resident of S.P. Verma Road, P.S.- Gandhi Maidan, District- Patna, 6. Huma Yunus wife of Ezaz Ahmad resident of S.P. Verma Road, Police Station-Gandhi Maidan, Patna town, District- Patna, 7. Md. Yawar Yunus S/o late Md. Yasin Yunus, resident of Yunus Park, New Dakbunglow Road, Police Station-Gandhi Maidan, Patna Town, district Patna, … ..Respondents ……………… For the Petitioner : M/s Ashutosh Kumar, Sanjeev Kumar, Advocates For respondent Nos. 5 & 6 : M/s Sandeep Kumar, Alok Shahi, Advocates. For Respondent No.7 : Mr. Pankaj Kumar, Advocate For the Intervenor/Petitioner of I.A. No. 2617 of 2011 : Mr. Rajesh Ranjan No.1, Advocate For the State : J.C to A.A.G-I ………………….. 13 12.08.2011 The petitioner, by filing this writ application, seeks restoration of possession of two godowns with vacant land measuring 3835 square feet alongwith other 2 constructions being part of the building bearing Holding No.461-A within Circle No.6 of the Patna Municipal Corporation situated at S.P. Verma Road, P.S- Kotwali, District- Patna. It has been submitted by the petitioner that her husband was a tenant and was running a motor garage in the aforesaid premises. Two eviction suits had been filed. One by Respondent No.7 and another by Respondent No.6 bearing Eviction Suit No. 7 of 1990 and Eviction Suit No.17 of 1999 respectively. However, on 14.08.2000, even though the suits remained pending, respondent no.4, the Officer in Charge, Gandhi Maidan, P.S. Distt-Patna came with police and forcibly evicted the petitioner from the said premises compelling the petitioner to file this application. This matter had been heard on several occasions. On 05.08.2005, the Director General of Police was directed to personally take possession the property in question and report to this Court regarding taking over of the actual physical possession of the property concerned. It is admitted by the parties that the aforesaid order has been complied. 3 Thereafter, the case was admitted for detailed hearing. Subsequently, a supplementary affidavit dated 28.06.2011 has been filed on behalf of the petitioner. A stand has been taken that she wants to withdraw the present writ application in view of the fact that the property has changed hands on several occasions during the pendency of the writ application. Now, the intervenor has filed I.A. No.2617 of 2011 claiming to be the owner of the said property. Thereafter, a joint I.A No. 5202 of 2011 has also been filed on behalf of the petitioner and Respondent Nos. 5, 6, 7 the intervenor accepting the aforesaid stand. No one has appeared on behalf of the intervenor/petitioner of I.A. No.2044 of 2006, who claimed to have purchased some part of the property. However, a stand has been taken by all the parties that Syed Ekbal Ahmad transferred part of the land in favour of M/s Surya Nestbuild Ltd. vide a registered sale deed. Then again Surya Nestbuild Ltd. has sold the property to the intervenor/petitioner M/s Yunus Construction Pvt. Ltd. who has filed I.A. No.2617 of 2011 seeking permission to intervene in the matter. From the perusal of the record of the case, it 4 appears that it is common ground that the aforesaid M/s Yunus Construction Pvt. Ltd. is now the owner of the property. Thus, it has been jointly urged that after permitting the petitioner to withdraw this writ petition, the DGP be also directed to hand over the premises in favour of the aforesaid M/s Yunus Construction Pvt. Ltd. In above view of the matter, the I.A. No. 2617 of 2011 is allowed and this application is dismissed as withdrawn in view of the prayer made on behalf of the petitioner. Let the premises be handed over by the DGP in the presence of the all parties in favour of M/s Yunus Construction Pvt. Ltd. It is made clear that this order would be without prejudice to the any right the third party, if any, who might have some claim over the property as this order has been passed on the statement made jointly on behalf of the parties as stated above. Sanjay-II ( Dr. Ravi Ranjan, J.)