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2022 Supreme(Pat) 533

RAJEEV RANJAN PRASAD
Harisons Continental Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s P. N. Shahi, Sr. Adv., Suraj Samdarshi, Avinash Shekhar, Vijay Shankar Tiwary.
For Respondent No.7: M/s Sanjay Singh, Sr. Adv. Sangeet Deokuliar.
For the State : Mr. Saroj Kumar Sharma.

RAJEEV RANJAN PRASAD, J.:–This case is a classic illustration of failure of the police administration in protecting the lawful possession of the petitioner over the premises in question. The petitioner has been dispossessed from the property by act of lawlessness, as alleged, by respondent no.7 in collusion with the local police. It is said to be in complete disregard and disobedience to the spirit of the order dated 18.12.2014 passed by the Hon’ble Company Judge in Company Petition No.10 of 1996 wherein while disposing of the company petition the Hon’ble Court categorically held that “… the Ex-management will have a right to evict any unauthorized encroachers/tenant/licensee in accordance with law, no one can take away the right of any person to claim his protection in capacity of being a tenant or licensee which again can be adjudicated before the appropriate forum/court strictly in accordance with law....” The petitioners were not put in the category of unauthorized occupants.

Case of the petitioners

2. It is the case of the petitioners that the property in question belongs to one Jai Mangal Limited (hereinafter referred to as ‘the Company’), a public limited company incorporated

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