The court dismissed a writ application arising from an O.P.L.E. proceeding. It found the encroached land was classified as Gochar in the Record of Rights, the encroacher had an annual income of Rs.30,000, and the petitioner was not landless, concluding the application lacked merit.
The writ application stands dismissed having no merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.J.C. NO.2106 OF 1999
26.10.2016 Heard learned counsel for the petitioner and learned counsel for the State. This is a matter arising out of an O.P.L.E. proceeding. Considering the rival contentions of the parties and perusal of the impugned orders under Annexures-6 & 7, this Court finds, there is a clear recording that the encroached land is classified as Gochar under Rakhit Khata in current Record of Rights. Further on enquiry, it has also been ascertained from the report of the Amin that the annual income of the family of the encroacher at the relevant point of time was Rs.30,000/- and there is also a finding that the petitioner is not a landless person. Under the circumstances, the writ application stands dismissed having no merit.
Biswanath Rath, J.2
1 issue framed by the court
Whether the writ application has merit given the classification of encroached land as Gochar in Record of Rights and the status of the petitioner as not being a landless person.
1 provisions across 1 enactments
Petitioner
State
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court