IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5702 of 2003 1.ANWAR ALAM, S/o Late Abdul Gaffar, C/o Raj Manjil, Jamun Gali, Sabzibagh, P.O. Bankipur, P.S. Pirbhore, Dist. Patna 2. Dularchand Singh Yadav, S/o Late Parmeshwar Gope 3. Rajesh Kumar, S/o Late Ram Dayal Singh 4. Superiya, W/o Sri Rajesh Kumar, S/o Late Ram Dayak Singh All Residents of Mohalla Punaichak, P.S. Shastri Nagar, P.O. Shastri Nagar, District Patna … Petitioners Versus 1.THE STATE OF BIHAR through Collector, Patna 2. Executive Engineer, Shri Ashok Singh, P.W.D. Patliputra Division, P.S. Kotwali, P.O.G.P.O. Patna-1 3.Chief Engineer, P.W.D. Bishwa Saria Bhawan, P.O. Shastri Nagar, P.S. Shastri Nagar, Patna 4.Secretary, P.W.D., Bihar Patna, Bishwa Saria Bhawan, P.O. Shastri Nagar, P.S. Shastri Nagar, Patna 5.Chief Executive Officer, Patna Municipal Corporation, Patna, P.O.G.P.O. Patna-1 6.Secretary, Housing Board, Patna, Purani Sachiwalaya, Dist.Patna … Opp.Party/ respondents. ----------- For the petitioners : Mr.satya Ranjan Sinha For the State : Mr.Jawed Gaffar Khan, J.C. to S.C.17 3.12.2008 This application has been filed for a declaration that the demolition of the shops of the petitioners is illegal and further for a direction to the respondents to restore the possession of the petitioners as also compensation. Petitioners claim to have been allotted shops at Punaichak in the town of Patna by the Patna Municipal Corporation. The construction of the shops by the Patna Municipal Corporation being unauthorized, the same were demolished. It is not the case 2 of the petitioners that the shops belong to them and hence no relief for handing its possession can be given. Further on petitioners own showing the shops have been demolished, hence there is no question of putting them back in possession. If the petitioners believe that their dispossession is illegal, they can bring an appropriate action seeking damages. In the facts of the present case, we are of the opinion that the shops which have already been demolished cannot be restored to the petitioners. We do not find any merit in this application and it is dismissed in limine. (Chandramauli Kr.Prasad,J.) (Mihir Kumar Jha,J.) Surendra/