IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.393 of 2008 TULSI NARAYAN PRASAD Versus STATE OF BIHAR & ORS ----------- 8 5.8.2008 Heard learned counsel for the petitioner and the State as well as learned counsel appearing on behalf of respondent no.9. In the instant writ petition the petitioner prays for a direction to the respondent-police officers to initiate immediate action on the complaint filed by him giving rise to Khagaul P.S. Case No.40 of 2008, as contained in Annexure-10, and also take appropriate action in the light of the order dated 25.3.2008 passed by the House Controller in Case No.4 of 2007. The petitioner further prays for a direction to respondent no.6 to immediately return his law books, court’s file, client’s file and the precious articles including jewellery, ornaments, cash as detailed in the F.I.R. dated 10.4.2008 and complaint dated 17.4.2008 contained in Annexure-11. Learned counsel submits that the petitioner by profession is an Advocate and his wife is a teacher in Government Girls High School, Khagaul and as they took a flat on rent in the house of respondent no.9. After some time the respondents wanted to evict the petitioner and his family and for this purpose they started demanding exorbitant rent. The petitioner on being aggrieved by the attitude of the respondent-land lord filed a petition before the House Controller, Danapur under sections 10, 17 and 20 of the Bihar Building (Lease, Rent and Control) Eviction Act for fixation of rent. The House - 2 - Controller by his order dated 25.3.2008, as contained in Annexure-7, directed respondent no.9 to provide basic facility of electricity and water to the petitioner and he also determined the rent to be paid by the petitioner. Learned counsel for the petitioner submits that in spite of the aforesaid direction, the respondents did not provide basic facility of electricity and water to the petitioner. In the meantime, the petitioner filed a complaint on 2.4.2008 and 7.4.2008 before the S.D.O. cum House Controller, respondent no.8 stating therein that the respondent no.9 instead of complying with the court’s order, creating trouble by stopping the supply of electricity and water. It appears that pursuant to the aforesaid complaints, the S.D.M., Danapur directed the police to ensure compliance of the order passed by the competent court. Learned counsel further submits that the respondent nos.9 to 13 with the aid of some criminals took the law in their hands and went to the extent of throwing out the entire articles and belongings of the petitioner from the house on the basis of which Khagaul P.S.Case No.40 of 2008 under sections 454 and 380 of the Penal Code was instituted. Thereafter the petitioner after seven days also filed a complaint on 17.4.2008 before the respondent no.6 stating therein that apart from other articles his law files and other papers concerning his clients has been taken away. In view of the aforesaid facts the learned counsel prays for relief as mentioned above. Learned counsel for respondent no.9 states that pursuant to the F.I.R. as contained in Annexure-10, the police has submitted final - 3 - KHAN report under sections 454 and 380 of the Penal Code and it would open to the petitioner to adduce his evidence in support of his case at the time of trial of the case. He, however, denies the allegations made in the F.I.R. Learned counsel for the State submits if there is violation of the order passed under different provisions of the B.B.C.Act, the petitioner has remedy under section 28 of the Act. Having heard learned counsel for the parties, this court finds that the police has investigated the matter and submitted final report. It would be open to the petitioner to cooperate in the proceeding before the trial court. Further more if respondent no.9 is not obeying the order passed by the House Controller, Danapur, the petitioner has remedy by way of section 28 of the B.B.C.Act. So far as his grievance relating to his forceful eviction from the house is concerned, the petitioner, if so advised, may take appropriate legal course under the provisions of law. The respondent police is directed to make an enquiry in respect of complaint dated 17.4.2008 that respondent no.9 has removed his client’s files, papers and law books and would submit a report to the appropriate authority. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)