This Court directed the Tahasildar, Rajnagar, to initiate encroachment proceedings against the College institution encroaching upon Government land within four months in a writ petition.
Tahasildar, Rajnagar directed to initiate encroachment proceedings and decide within four months.
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W.P.(C) No.11898 of 2019
Considering the allegation made by Shri D.R. Bhokta, learned counsel for the petitioners that even after ascertainment of encroachment creating problem to the local residents in and around the disputed area and going through the observation made by the Tahasildar, Rajnagar vide Annexure-5, this Court finds, there is clear observation that the College institution has encroached the Government land and thereby has already blocked some Government land by way of creating some permanent structures, and the same is creating problem in the ingress and egress of the local inhabitants including the petitioners.
Perusal of the documents appended with the Writ Petition and the letter vide Annexure-5, this Court observes, once the Tahasildar, Rajnagar has already come to an observation that there is encroachment disturbing the local people, nothing prevented the Tahasildar to initiate an encroachment proceeding and decide the same involving the parties likely to be affected as well as the complainant.
Under the circumstance this Court observes, in the event, the letter vide Annexure-5 is genuine and further there is no further legal impediment involving the same, the Tahasildar shall start necessary encroachment proceeding against the encroachers and take a decision
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thereon as appropriate within a period of four months from the date of communication of a certified copy of this order along with a copy of the brief by the petitioners.
The Writ Petition stands disposed of with the above direction.
Issue urgent certified copy as per rules.
…….………………… (Biswanath Rath, J.)
Ayas
1 issue framed by the court
Whether the Tahasildar, Rajnagar is directed to initiate encroachment proceedings against the College institution.
Biswanath Rath
As recorded by the court registry
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