This single Judge order held that the State cannot evict the petitioner from disputed private land using the Public Land Encroachment Act. The court allowed the writ petition and directed restoration of possession.
Respondents directed to restore petitioner to possession of the land.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14055 of 2010 ====================================================== 1. Srikanti Devi W/O Lallan Prasad R/O Vill.- Sarisarwa Bazar, P.S.Majhaulia, Distt.- West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Bettiah, West Champaran 3. The Sub-Divisional Officer, Bettiah, Distt.- West Champaran 4. The Circle Officer, Bettiah, Distt.- West Champaran .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Awanish Kr.Pandey For the Respondent/s : Mr. (Aag3) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 6 17-06-2013 Grievance of the petitioner against the act of the State in evicting her from the piece and parcel of land seems to be valid especially in view of the fact that land in question is not a public land within the definition of the Public Land Encroachment Act and if there is a dispute with regard to the right and title, which the petitioner has acquired, which has to be settled through a civil court of competent jurisdiction. The State cannot take law in its own hands and act as an agency to remove encroachment from such kind of land.
Even according to the State the land was purchased by SKG Sugar Mill by way of a sale deed but somehow the said land was sold to this petitioner may be illegally but by way of a sale deed. No case for her removal from the land by the respondents is
Patna High Court CWJC No.14055 of 2010 (6) dt.17-06-2013
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permissible in law by the mechanism adopted by the State by strong arm method.
Writ application is allowed. Respondents are directed to restore the petitioner back and give her possession of the land from where she has been evicted illegally. The Court also takes notice of a similar order contained in Annexure- 3 to the writ application, by a learned single Judge, who in similar circumstances also held such act of the Anchal Adhikari to be bad
in law.
(Ajay Kumar Tripathi, J)
sk
2 issues framed by the court
Whether the State can evict a petitioner from land where title is disputed when it is not public land.
Whether the remedy for eviction must lie with civil courts when there is a dispute over right and title.
Srikanti Devi W/O Lallan Prasad
The State Of Bihar
The District Magistrate, Bettiah
The Sub-Divisional Officer, Bettiah
The Circle Officer, Bettiah
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
