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2023 Supreme(Pat) 649

MOHIT KUMAR SHAH
Anil Prakash – Appellant
Versus
State of Biha – Respondent


Advocates appeared:
For the Petitioners: M/s Shaishav Kumar, Rajiv Prashant.
For the State : Mr. Sajid Salim Khan, SC-25.
For the Resp. No. 3 : M/s Pramod Rajpati, Rupesh Kumar, Durga Kumari, Ravi Ranjan.

Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 22.1.2022, passed by the learned Court of Collector-cum-District Magistrate, Patna, in Senior Citizen (Mother- Father) Appeal Case No. 3 of 2020-21, whereby and whereunder the petitioners herein have been directed to vacate the self-acquired house of the Respondent No. 3 herein and her husband and hand over the vacant possession of the same to them. The petitioners have also challenged the order contained in memo no. 73 dated 23.2.2022, issued by the Sub-Divisional Officer, Patna Sadar, Patna, whereby and whereunder the Block Co-operative Extension Officer has been deputed as a Magistrate and directed to establish contact with the officer-in-charge, Krishnapuri Police Station and ensure compliance of the order, passed in Appeal Case No. 3 of 2020-21.

2. The brief facts of the case, according to the petitioners, are that the petitioner no. 1 is the elder son of the Respondent no. 3 while the petitioner no. 2 is daughter-in-law of the Respondent No. 3 and the petitioner no. 3 is own grandson of the Respondent No. 3, whereas the petitioners no. 4 and 5 are also son and daughter-in-law of the Re

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