In the absence of petitioner appearing, High Court dismissed the writ petition challenging appellate orders under the Bihar Public Land Encroachment Act, directing the petitioner to seek civil jurisdiction for declaring rights, title, and possession.
Writ petition dismissed for non-appearance of petitioner.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 1383 of 2005
Mathura Singh, son of Late Siroman Singh, resident of Bhuiyandih, P.S. Sitaramdera, Town-Jamshedpur, District-Singhbhum (East)
… … Petitioner
Versus
CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioner : None For the Respondents : Mr. Jitesh Kumar, Advocate
7/04.09.2018
which the private respondent herein filed appeal which was numbered as B.P.L.E. Case No. 35/2000-2001 and he submits that the property involved in this case is within the Tata lease hold area and it is a government land. By taking this into consideration the appeal was allowed vide order dated 28.11.2003. Counsel for the private respondent also submits that petitioner has claimed the property on the basis of un registered deed of agreement of sale of the year 1954 which was subsequently followed by registered deed dated 22.05.1974. The subsequent order under Section 83 of the Chotanagpur Tenancy Act of the year 1986-87 but he submits that his property has been recorded as government land and the order of eviction has been rightly passed by the appellate authority. He submits that the petitioner may get his right, title, interest and possession declared through a competent court of civil jurisdiction but prim facie it appears that order under the B.P.L.E. proceeding was rightly passed by the appellate authority and there is no perversity or illegality in the impugned order.
(Anubha Rawat Choudhary, J.)
Binit/
2 issues framed by the court
Whether the writ petition seeking to quash the appellate orders under the Bihar Public Land Encroachment Act should be allowed.
Whether the petitioner can avail of the writ remedy instead of seeking civil jurisdiction for declaration of rights.
2 provisions across 2 enactments
Mathura Singh
State of Jharkhand
Commissioner, (Kolhan Division) at Chaibasa
Deputy Commissioner, Singhbhum East at Jamshedpur
M/s Tata Iron and Steel Company Limited
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
