KANT DUTT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against an order dated 7-9-1982 passed by the Sub-divisional Magistrate, Biharsharif (respondent No. 2) in Case No. 461 (M.P.) 82 and as contained in Annexure-5 to the writ petition. The petitioner further prays for issuance of a writ of or in the nature of mandamus to restore back possession in respect of the portion of the premises.

(2.) The facts of the case lie in a very narrow compass.

(3.) The petitioner allegedly is a tenant in respect of a building situated at Rajgir in the district of Nalanda where he runs a hotel. According to the petitioner, monthly rental in respect of the said building in question was Rs. 175/-. It appears that the respondent No. 4 filed an application on 6-9-1982 before the Sub-divisional Officer, Biharsharif, Nalanda, alleging therein that the said hotel was closed for about two years and in the said application he made a prayer that the vacant possession of the said premises should be given to him through a Magistrate after making inventory of the articles of the petitioner kept in the hotel. A copy of the said application is contained in Annexure-4 to the writ petition.