Single judge disposed of a writ petition regarding public and private land encroachment, holding that the Tahasildar lacks authority to evict from private land, recommending a common law forum.
Petitioner advised to approach the common law forum regarding eviction from private land.
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.
W.P.(C) NO.17769 of 2017
Heard.
The petitioner is aggrieved by the fact that the Opposite Parties 3 to 5 have encroached upon some public land along with private land of the petitioner. So far as public/Government land is concerned, the Tahasildar, Attabira may initiate action under the relevant Act for eviction. But so far as the private land is concerned, the Tahasildar has no authority to evict the Opposite Parties 3 to 5.
The petitioner, if so advised, may move
the common law forum.
With the aforesaid observation, the writ application is disposed of.
Urgent certified copy of this order be granted as per rules.
………………………….
Subha
1 issue framed by the court
Whether the Tahasildar has authority to evict parties from private land along with encroached public land.
The Petitioner
Opposite Parties 3 to 5
Subha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
