IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.437 of 2008 NAVIN KUMAR SON OF SRI KAMAL DEO PRASAD, RESIDENT OF MOHALLA INDRAPURI, P.S. PATLIPUTRA, DISTT.- PATNA ……PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE SUPERINTENDENT OF POLICE, PATNA SADAR,PATNA 3. THE OFFICER INCHARGE OF PATLIPUTRA POLICE STATION, DISTT. PATNA 4. PUSHKAR SHARMA SON OF LATE KAMESHWAR SHARMA, RESIDENT OF 260, PATLIPUTRA COLONY, P.S. PATLIPUTRA, DISTT. PATNA …..RESPONDENTS. ----------- 2. 18.02.2009 Prayer of the petitioner is for issuance of an appropriate writ directing the respondents to restore the petitioner’s possession of rented shop situated at 260, Patliputra Colony in the town of Patna. It is the assertion of the petitioner that he has been forcibly evicted from the said premises with aid of the police force and as such it is a fit case in which the appropriate writ be issued for restoration of the possession. In this connection, petitioner has referred to the Complaint Petition No.1391C of 2007 in which respondent no.4, the landlord, had stated that on persuasion petitioner had handed over the key of the shop. On these materials, it is difficult for this Court to hold that the petitioner was forcibly evicted. In that view of the matter, the prayer made by the petitioner is not fit to be granted. However, petitioner, if so advised, may take recourse to any other remedy available to him in law. Application stands dismissed with the observation aforesaid. Narendra/ (Chandramauli Kr. Prasad, ACJ.)