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2022 Supreme(Pat) 942

MOHIT KUMAR SHAH
Ashwini Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Amit Srivastav, Sr. Adv., Apurv Harsh, Manu Tripurari, Prashant Bhardawaj, Rajeev Ranjan.
For the BIADA : M/s Kumar Priya Ranjan, Girish Nandan Abhishek, Ankur Apurv.
For the State : M/s Kinkar Kumar (SC- 9), Deepika Sharma, AC to SC-9, Aayuesh Abhishek, Yogesh Kumar.
.

Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the letter dated 31.05.2022 issued by the Executive Director, Bihar Industrial Area Development Authority, Patna (hereinafter referred to as the ‘BIADA’) i.e. the respondent no. 8 herein, whereby and whereunder the petitioners have been given final notice to vacate the premises situated on the ground floor of the Udyog Bhawan, within three days, where the petitioners are stated to be running their book stalls illegally, failing which it has been directed that the said place shall be cleared with the help of administration. The petitioners have also prayed for quashing the notice dated 22.05.2022, issued by the district administration, directing the petitioners to remove the encroachment and vacate the premises of Udyog Bhawan.

2. At the outset, it may be pointed out that the present writ petition qua the petitioner no. 1 has stood disposed off as not pressed inasmuch as he has filed a title suit bearing Title Suit No. 69 of 2021, which is pending before the Ld. Court of Munsif-1, Patna, however, with liberty to him to pursue the said suit.

3. The brief facts of the case, according to the petitioners, are tha

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