The Patna High Court dismissed this Letters Patent Appeal filed by the University seeking removal of encroachment. The Court upheld the Writ Court's view that the University cannot remove encroachment while a decree of declaration in favour of the respondents remains valid and unchallenged.
The Letters Patent Appeal stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.124 of 2017 In
Civil Writ Jurisdiction Case No.7471 of 2016
... ... Appellant/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Vivekanand Prasad Singh, Advocate For the State : Mr. Suman Kumar Jha, A.C. to AAG-3 For Private Respondent : Mr. Praveen Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 08-12-2017
Patna High Court LPA No.124 of 2017 dt.08-12-2017
2/3
Delay of 142 days in filing of this appeal is condoned. I.A. No. 439 of 2017 stands allowed and disposed of.
Seeking exception to an order dated 3rd of August, 2016 passed by the learned Writ Court in C.W.J.C. No. 7471 of 2016 this appeal has been filed by the University in the matter of removal of encroachment from the campus of the University.
The learned Writ Court found that there is a decree of declaration with regard to the property in favour of the petitioners and until and unless the decree is not challenged or interfered with in a proper judicial proceedings by a competent court of law, the University cannot remove the encroachment until and unless the decree is set aside even if it is an ex parte decree.
We see no error in the order passed by the learned Writ Court warranting reconsideration. Act of the University in treating there to be encroachment in the face of the decree passed in favour of the respondent petitioners is incorrect. The University’s right will accrue to the University to remove the encroachment only if the decree is set aside in a proper proceedings in accordance with law and if taking note of all these circumstances the Writ Court has dismissed the writ petition, we see no reason to make any indulgence into the
Patna High Court LPA No.124 of 2017 dt.08-12-2017 3/3
The Letters Patent Appeal stands dismissed.
matter.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
P.K.P.
| AFR/NAFR | N.A.F.R. |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 12.12.2017 |
| Transmission Date |
2 issues framed by the court
Whether the University can remove encroachment from the campus when a decree of declaration in favour of the encroachers has not been set aside or challenged.
Whether the Learned Writ Court erred in holding that the decree of declaration must be challenged before removal of encroachment can take place.
The Patna University, Panta through the Vice Chancellor and others
The State of Bihar and others
Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
