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1998 Supreme(Pat) 721

S.N.JHA
Amrit Varsha Hindi Dainik – Appellant
Versus
Bihar State Agriculture Marketing Board – Respondent


Advocates Appeared:
For the Petitioner: M/s Binod Kumar Kanth and Naresh Dikshit.
For the Respondent: M/s M.L. Verma, L.K. Bajla & Pravin Kumar Sinha.
For the State : M/s K.P. Yadav, Suresh Kumar.

JUDGMENT :

S.N. Jha, J.

The petitioner is a Hindi newspaper published from Patna and Dhanbad having its registered office in the premises in question, which is a part of the building known as Pant Bhawan on Bailey Road in the town of Patna. The writ petition was initially filed for quashing the notice dated 5.5.97 issued by the Sub-divisional Officer, Sadar, Patna (described as 'House Controller' in the notice) in Eviction case No.7 of 1987 calling upon the petitioner to appear and participate in the eviction proceedings on the date fixed, namely, 6.5.97. The petitioner objected to the maintainability of the proceeding by filing an application to that effect on 7.7.97. Two days earlier on 5.7.97 it had filed the present writ petition in this Court. The objection was rejected by the Sub-divisional Officer, Sadar, Patna, describing himself as 'competent authority' on 22.11.97. It may be mentioned here that the Sub-divisional Officer of the concerned subdivision exercise the powers of 'Controller' under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 ('BBC Act' for short) and 'competent authority' under the Bihar Government Premises (Rent, Recovery and Eviction) Act, 1956



































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