1. This application has been filed for quashing the order dated 13.5.2003, passed by the Subdivisionai Officer, Phulparas in Misc. Case no. 12 of 2002 whereby he has directed the persons mentioned in the order to vacate the shop/house failing which it has been directed that they shall be evicted by the use of force and handed over to its owner respondent nos. 6 and 7.

2. This order is purported to have been passed by the Subdivisionai Officer in exercise of power conferred under the Bihar Building (Lease, Rent and Eviction) Control Act (hereinafter referred to as the Act).

3. Mr. Mishra appearing on behalf of the petitioner submits that the Subdivisional Officer has no such power under the said Act. J.C. to G.P. IX and Mr. Verma appearing on behalf of respondent nos. 6 and 7 concede that the Subdivisionai Officer has no authority to pass the said order under the provisions of the Act. However, they contend that this shall not preclude the Subdivisionai Officer to proceed against the petitioner or for that matter any other person in accordance with law.

4. As the order impugned has been passed without any authority of law same cannot be allowed to stand. However, this will n