Application for quashing orders regarding encroachment removal. Petitioner contended land was private; lower courts found it public. Bench declined to interfere as a title suit was pending.
Application disposed of without interference; petitioner directed to maintain encroachment removal.
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Patna High Court Cr.Misc. No.27442 of 2013 (2) dt.10-01-2014
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27442 of 2013
| ====================================================== Sachchidanand Tiwari @ Sachidanand Tiwari S/O Late Kishan Tiwari Resident Of Village- Vijay Nagar, P.S. And District- Banka .... .... Petitioner/s Versus 1. The State Of Bihar 2. Sri Parmanand Tiwari S/O Late Raushyar Tiwari Resident Of Village- Vijay Nagar, Ward No.4, P.S. + Distt.- Banka .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Karn, Adv For the O.P. No. 2 : Mr. Rajendra Kumar Jain, Adv For the State : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
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|---|---|
| 02/ | 10-01-2014 The present application has been filed for quashing the |
| order dated 06.05.2013 passed by learned Adhoc Additional | |
| Sessions Judge-I, Banka in Cr. Revision No. 122 of 2012, | |
| whereby order dated 05.04.2012 passed by Sub-divisional | |
| Magistrate, Banka in Misc. Case No. 587 of 2009 has been | |
| affirmed, whereby petitioner was directed to remove the | |
| encroachment in a proceeding under Section 133 of the Cr.P.C. |
It is submitted by learned counsel for the petitioner that the land in question is private land and it has wrongly been held to be public land.
It appears from the orders of SDM, Banka and learned Adhoc Additional Sessions Judge-I, Banka that the land in
Patna High Court Cr.Misc. No.27442 of 2013 (2) dt.10-01-2014
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question is public land.
It is submitted by learned counsel for O.P. No. 2 that there is current finding of both the learned courts below that the land in question is public land and title suit is also pending between the parties from before.
In view of the aforesaid facts, this Court is not inclined to interfere. Accordingly, this application is disposed of.
(Dinesh Kumar Singh, J)
DKS/-
1 issue framed by the court
Whether the High Court should quash the orders directing the removal of encroachment on public land.
1 provisions across 1 enactments
Sachchidanand Tiwari @ Sachidanand Tiwari
The State Of Bihar
Sri Parmanand Tiwari
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
