D.G.R. Patnaik, J. - (1.) Sri Gur Bux Singh, power of attorney holder of the petitioner, is personally present today and has submitted arguments on behalf of the petitioner. It is informed that private respondent No. 4 has died and has not appeared in this case at all.
(2.) From the submissions made on behalf of the petitioner and on perusal of the contents of the writ application, it appears that the main grievance of the petitioner is against the private respondent No. 4 who, according to the petitioner, has resorted to extra judicial methods for ousting the petitioner from the shop in his possession, which the petitioner had obtained on lease from the respondent No. 4. The petitioner's above named representative would explain that it is with such malafide intentions, that by influencing the police including the respondent Nos. 2 and 3, the respondent No. 4 had wanted to throw away the entire articles and belongings of the petitioner which was kept within the shop and it is in furtherance of such intentions that the respondent No. 4 had illegally disconnected the amenities of electric supply to the shop. It is further submitted that by use of force and by illegal methods, the respondent No. 3 in collusion with respondent No. 4, had forcibly taken away the generator set which was kept in the petitioner's shop premises and the same has not been returned as yet inspite of the order of the competent authority namely the Sub Divisional Officer, Bokaro. It is further submitted that had it not been for the interim order of stay passed by this Court directing no coercive steps to be taken against the petitioner, the respondents would have forcibly ousted the petitioner from the shop premises by now.
(3.) Sri Ajit Kumar, learned counsel for the respondent No. 3 submits that though it is true that the generator set of the petitioner was removed from the shop and has been kept in the custody of the police station, but such act had to be resorted to by the respondent No. 3, who was then the officer-in-charge of the police station, on receipt of complaints and pursuant to a proceeding under Section 133 of the Cr.P.C. which was then initiated in the court of S.D.M., Bokaro. Learned counsel adds that if any order is passed for return of the generator set, the same would be complied with promptly.;