SALIM LARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) DURING the pendency of this writ application, Smt. Sheela Devi has been allotted the shop in question by the District Magistrate, Sitamarhi under Letter No. 95 dated 2.2.2005, Annexure -14 and thereafter I.A. No. 613 of 2005 was filed to implead her as party Respondent in this writ application. Let Smt, Sheela Devi, wife of Shankar Sah be impleaded as party Respondent No. 6.

(2.) SHRI Shailesh Kumar Sharma appears on her behalf and for that purpose he has already filed vakalatnama. Heard learned counsel for the petitioners, State and the private Respondent No. 6 The two petitioners have assailed the directions of the Collector, Sitamarhi contained in his Letter No. 1506 dated 26.10.2004, Annexure -1, whereunder he has instructed the Circle Officer, Riga to lodge a First Information Report against the two petitioners and thereafter to take forcible possession of the shop in question from them.

(3.) ON the other land, counsel for the State Respondents as also the private Respondent No. 6 submitted that perusal of letter dated 26 3.2003, Annexure -3 of the petitioners would itself indicate that petitioner No. 2 vas inducted as partner when the shop was let out to petitioner No. 1 in the year 1985 and then petitioner No. 2 was hardly nine years of age and could not have been inducted as managing partner in he shop business. They further contend that petitioner No. 1 on his own showing having walked out of the shop business, has no right to continue in the business as also to file this application and the authorities have rightly issued notice, Annexure -1 calling upon the two petitioners to vacate the shop premises and in the event they fail to vacate the shop premises then to lodge a First Information Report and to take forcible possession thereof.