KRISHNA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition arises from a dispute relating to the eviction of the petitioners from a piece of land belonging to the Patna Regional Development Authority, situate near Patna Junction railway station and commonly known as 'the Ashok Market' where the petitioners, 22 in number, along with others, were running their shops hotels, eating houses etc.

(2.) THIS writ petition was filed on 16.11.1995 seeking a direction restraining the respondent authorities from demolishing the structures housing the petitioners shop, hotels, etc, and from evicting the petitioners from premises in their respective occupations. Two days later on 18.11.1995 a supplementary affidavit was filed bringing on record (as Annexure 10 series), in order to assail them, the notices dated 15.11.1995 asking the petitioners to vacate the land of the Authority failing which they would be evicted without any further notice.

(3.) THIS writ petition was then listed for admission on 23.11.1995 but on that date a learned ledge of this court declined to pass any interim order of stay in the petitioners' favour. Later, on 19.1.1996 this writ petition was admitted for hearing, once again without any interim protection to the petitioners. During the pendency of this writ petition the petitioners were admittedly removed from the land in question and consequently, Mr. S. P. Mukherjee, learned Senior counsel appearing on behalf of the petitioners, in modification of the earlier reliefs prayed for a direction for restoring the petitioners' possession over their respective premises and for payment of damages for the destruction of their shops etc.