IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.64 of 2001 BIMAL PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 4 19.01.2009 This case was earlier dismissed for default on 29.3.2003. Today also no one appears for the petitioner. Paragraph No.1 of the writ application State sought the prayer and is quoted herein below. “That this is an application for issuance of an appropriate writ/order or direction including a writ in the nature of Mandamus for restraining the Sub-Divisional Officer, Munger (Respondent No.2.) from forcibly evicting the petitioner from his shop which is situated in Tarapur Sahid Smarak Sansthan standing over khata No. 115, Kheshra No.10 under Mouza- Tarapur, Pargana- Sahroi, Sub-Registry office-Kharagpur, District- Munger, and for other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances of the case.” From the materials on record, it would appear that for this very relief the petitioner has filed a Title Suit No. 73 of 1996. Trial Court had already passed an order on 6.10.1997 for maintaining status quo, thereafter nothing has been mentioned as to whether the order of - 2 - status quo was continued or has been vacated. It however, appears that subsequently the petitioner also filed a complaint case being 991C/2000 as against the Sub-Divisional Officer and the bodyguard of the Sub- Divisional Officer. It is clear that this writ application was filed with an ulterior motive to keep the matters pending. Be that as it may, this Court even otherwise does not find any merit in this writ application and the same is accordingly, dismissed. Bibhash (Mihir Kumar Jha, J.)