Petitioner sought direction to remove a cabin installed by a third party on adjacent government land. Court disposed of application by granting liberty to initiate appropriate proceedings, Section 133 Cr.P.C. included.
Liberty granted to petitioner to initiate appropriate proceedings before competent court, including under Section 133 Cr.P.C.
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W.P.(C) NO.4382 of 2021
This matter is taken up through hybrid arrangement (virtual/physical mode).
The Petitioner by filing this writ application has prayed for a direction to the Opposite Party Nos. 2 and 3 to remove the cabin of the Opposite Party No. 4 from the Plot No. 2931 (Government land) of Mouza- Chhanaghar (Chintamani Nagar), which has been installed in front of the house of the Petitioner over the land under Plot No. 2930 within a short stipulated period.
Heard learned counsel for the Petitioner and learned Additional Govt. Advocate.
Considering the submissions made and on going through the averments taken in the petitioner as also the documents annexed thereto, this writ application stands disposed of by granting liberty to the Petitioner to initiate appropriate proceedings before the competent court including one under section 133 of the Cr.P.C. for redressal of her grievance in accordance with law.
Issue urgent certified copy as per rules.
…………………
D. Dash, J.
Aks
2 issues framed by the court
Whether the petitioner is entitled to a direction to remove a cabin installed by a third party on adjacent government land.
Whether the proper remedy lies in initiating proceedings under the law rather than direct court direction.
1 provisions across 1 enactments
Party whose cabin was requested to be removed
Government/Concerned Authority
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
