Allowed

Sujata Devi v. the State of Bihar and Ors.

Patna HC26 Apr 2011CWJC/2429/2010

Case brief

AI extract

What is this about?

The court held that disputed questions of title cannot be decided in summary land encroachment proceedings. It directed the petitioner to file a reply so the authority could pass a preliminary order on this jurisdictional fact before proceeding with the encroachment case.

What did the court decide?

Writ application disposed directing statutory authority to hear parties and pass preliminary order on jurisdictional fact regarding pending civil suit.

Sujata Devi Vs the State of Bihar and Ors. — Land Acquisition | Patna HC (2011)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA

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 CWJC No.2429 of 2010

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1. SUJATA DEVI W/O LATE CHHOTELAL JHA R/O VILL-PARSAUNI, P.S & DISTT- SITAMARHI Versus

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1. THE STATE OF BIHAR

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2. THE COLLECTOR, SITAMARHI

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3. THE SUB-DIVISIONAL OFFICER, SITAMARHI

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4. THE BLOCK DEVELOPMENT OFFICER, DUMRA, SITAMARHI

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5. THE CIRCLE OFFICER, DUMRA, SITAMARHI

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6. MADAN MOHAN JHA S/O MADHUSUDAN JHA AT PARSAUNI, P.S & DISTT- SITAMARHI

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2/ 26/04/2011 Learned counsel for the petitioner submits

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that the subject-matter of Land Encroachment Case No.7/09-10 is the same as Title Suit No.65/10 filed by Respondent No.6 before the Munsif, Sadar at Sitamarhi and who has engineered the encroachment proceeding.

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Learned counsel for the petitioner fairly submits that in response to the show cause notice he

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has not invited the attention of the authorities to this fact.

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Needless to state that a Land Encroachment Proceeding is a summary proceeding and disputed questions of title cannot be decided in a summary proceeding, but only in a civil suit.

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Let the petitioner file his reply to the show cause notice. The statutory authority under the Bihar

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Public Land Encroachment Act is then required to hear the parties and pass a preliminary order on this jurisdictional fact and only thereafter dependent upon the same proceed in accordance with law with the land encroachment case.

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The writ application stands disposed with the

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aforesaid observation.

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( Navin Sinha, J.)

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Sujata Devi v. the State of Bihar and Ors.

Case brief

What is this about?

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Sujata Devi v. the State of Bihar and Ors.

Case brief

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