The High Court disposed of a writ petition challenging eviction from site-in-creation properties. The court declined to entertain the petition due to the availability of an alternative remedy ventilated before the Civil Court, which had already passed an order of status quo.
The Writ Petition was not entertained and stands disposed of.
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.
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
WPC No.1543 of 2021
Jhumalata Pradhan & Ors. … Petitioners
Secretary, G.A. Deptt. & Ors. … Opp. Parties
ORDER
Heard.
This Writ Petition has been filed by the petitioners challenging the arbitrary action of the authorities in trying to evict them from their stitiban properties without following the due process of law.
It is the case of the petitioners that in spite of the order of status quo in respect of the land in question passed by the Civil Court in T.S. No.267 of 2001, the authority is now going to forcible demolition of the structure therein. If any action is taken denying the direction of the Civil Court passed in any suit, petitioners have the option to ventilate the same before the court concerned.
In view of the aforesaid alternative remedy, this Court is not inclined to entertain this Writ Petition.
With the aforesaid order, the Writ Petition stands disposed of.
2
The parties may utilize the copy of this order as per the High Court’s Notice No.4587 dated 25.03.2020.
…………………….. S. Pujahari, J.
SKB
1 issue framed by the court
Whether a writ petition challenging eviction without due process ought to be entertained given the existence of an alternative remedy before the Civil Court.
Jhumalata Pradhan & Ors.
Secretary, G.A. Deptt. & Ors.
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
