Research › Search › Judgment

Patna High Court · body

2012 DIGILAW 974 (PAT)

Ram Jatan Prasad Yadav v. State Of Bihar

2012-07-16

V.N.SINHA

body2012
ORAL ORDER Heard learned counsel for the petitioner, the State and the counsel for the Bihar State Electricity Board (hereinafter referred to as the Board). 2. Petitioner seeks direction upon the authorities to open the lock which they have put in Govt. Residence No.1, Chhajjubagh, Patna where petitioner has established a shop of milk and milk products since 1984. 3. It is submitted on behalf of the petitioner that without resorting to any proceeding under Bihar Government Premises (Rent, Recovery & Eviction) Act, 1956, (hereinafter referred to as the Act) the authorities have put a lock so as to prevent the petitioner from carrying on his business in the Govt. Quarter in question. 4. It appears, petitioner occupied the Quarter in question without any order or authority to enter the same and not only established the shop in the Quarter but also obtained electricity connection from the Board in his own name, as would appear from the energy bill of July, 2007 asking him to deposit a sum of Rs. 1,63,783/- by 25.8.2007. He challenged the said bill before the District Consumer Forum and in compliance of the order of the District Forum has paid a sum of Rs. 50/- and 30,000/- under receipt dated 14.3.2009, Annexure-1. 5. By filing this writ petition, it is submitted that without resorting to any proceeding under the Act, shop premises ought not to have been locked by the Executive Engineer of the Building Division, Patna. 6. Petitioner having entered the premises without any order or authority, in my opinion, is not entitled to remain in the Govt. residence. It is sheer dereliction of duty on the part of the Estate Officer who allowed the petitioner to continue in the Govt. Quarter for such a long time. 7. The writ petition has no merit, which is dismissed. 8. The authorities of the Board will enquire as to who granted electricity connection to the petitioner, who is a private person in the Government Quarter and take appropriate action against the officer responsible to provide electricity connection to the petitioner.