Petitioner-Society challenged State-led eviction of land where title was acquired via sale deed. Court held land was not public and dispute required civil court.
Writ application allowed; respondents directed to restore petitioners possession of the illegally evicted land.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14286 of 2010
====================================================== 1. Smt. Neera Devi W/O Sri Satya Narain Prasad R/O Vill.- Guruwalia Shiwala Tola, P.S.- Manuapul, Distt.- West Champaran 2. Smt. Poonam Devi W/O Sri Jai Prakash Prasad R/O Vill.- Guruwalia Shiwala Tola, P.S.- Manuapul, 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. (Aag1) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
6 17-06-2013 Grievance of the petitioners against the act of the State in evicting them 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 petitioners have 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 these petitioners may be illegally but by way of a sale
Patna High Court CWJC No.14286 of 2010 (6) dt.17-06-2013
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deed. No case for their removal from the land by the respondents is permissible in law by the mechanism adopted by the State by strong arm method.
Writ application is allowed. Respondents are directed to restore the petitioners back and give them possession of the land from where they have 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
1 issue framed by the court
Whether an eviction by the State against individuals on land acquired via sale deed constitutes a valid encroachment removal under the Public Land Encroachment Act.
Neera Devi W/O Sri Satya Narain Prasad
Poonam Devi W/O Sri Jai Prakash Prasad
State Of Bihar
District Magistrate, Bettiah
Sub-Divisional Officer, Bettiah
Circle Officer, Bettiah
AJAY KUMAR TRIPATHI
As recorded by the court registry
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