The Court directed the District Magistrate to either initiate land encroachment proceedings or grant a hearing to the petitioner within three months if the State fails to file a counter-affidavit.
Direction to District Magistrate to examine allegations and conclude encroachment proceedings or grant hearing within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1856 of 2010
Versus
and the State.
The writ application was filed on 1.2.2010
alleging that notwithstanding the representations
filed by the petitioner before the District Magistrate, Patna and others with regard to encroachment of Meena Bazar, Jalla Road, no action was being taken to remove the encroachments.
Since the respondents have chosen not to file a counter affidavit for such long period of time, in the nature of the allegations, no useful purpose
is going to be served by adjourning the matter for a counter affidavit.
Counsel for the State submits that from the pleadings it does not appear that the petitioner has filed any application before the statutory
2
authority under the Land Encroachment Act.
It appears from Annexure-2 that the petitioner had already represented before the Collector, Patna, the S.D.M., Patna City and the D.C.L.R., Patna City. This Court therefore directs the District Magistrate, Patna to examine the allegations of the petitioner. If on prima facie enquiry he is satisfied that the matter calls for further action under the Bihar Public Land Encroachment Act, he shall ensure that the statutory authority issues notice to the concerns and concludes the Land Encroachment Proceedings in accordance with law without unnecessary delay.
Conversely, if on a prima facie enquiry the District Magistrate is satisfied that the allegations call for no action, he shall grant a personal or representative hearing to the petitioner and then dispose off the matter by a brief but reasoned order.
Let this order be complied with within a maximum period of three months from the date of receipt/production of a copy of this order.
The writ application stands disposed.
P. Kumar
( Navin Sinha, J.)
1 issue framed by the court
Whether the District Magistrate should direct a prima facie enquiry into the petitioner's allegations regarding land encroachment before the statutory authority.
1 provisions across 1 enactments
Most. Manorama Devi W/o Late Jagdish Narayan Singh
The State of Bihar Represented Through The Collector, Patna
The Collector, Patna
The Sr. S.P., Patna
The S.D.M., Patna City
The Dy. S.P., Patna City
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
