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SANDEEP KUMAR
Sushma Sinha – Appellant
Versus
State of Bihar – Respondent
SANDEEP KUMAR, J.:–Heard learned counsel for the petitioners and learned counsel for the State.
2. This application has been filed by the petitioners for a direction to the respondents to de-seal the premises and hand over the property including its physical and legal possession to the petitioners in compliance of the order dated 19.09.2017 passed in Gandhi Maidan Police Station Case No.408 of 2014. The petitioners have also prayed for reimbursement of the financial loss suffered due to the delay and laches on the part of the respondent authorities as well as for taking appropriate action against the respondents officers for the delay in compliance of the order dated 19.09.2017 passed in Gandhi Maidan P. S. Case No.408 of 2014.
3. The petitioner no.1 is the owner of a property in the nature of office space bearing flat no.307, 3rd Floor, “Shashi Complex” at Exhibition Road, Patna. Similarly, petitioner no.2 is the owner of a property in the nature of office space bearing flat nos. 308 and 309, 3rd Floor, “Shashi Complex” at Exhibition Road, Patna. They had leased their aforesaid office space to M/s PACL Limited, a company registered under the Indian Companies Act, 1956, having its re
The main legal point established in the judgment is the requirement for registered documents to establish possession under Section 53A of the Transfer of Property Act, and the failure to file a suit ....
The court established the importance of proper rent assessment for private property occupied by the police and emphasized the distinction between 'eminent domain' and 'police power' of the State.
The court ruled that the petition was satisfied as the flat in question had been permanently de-sealed by the MCD.
Deprivation of property without due process violates constitutional rights. Sealing without prior notice and opportunity to be heard is a violation of natural justice.
A Magistrate must ascertain a clear dispute and actual possession before initiating proceedings under S.145, as mere civil claims do not warrant intervention against established possession.
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