Petitioner challenging encroachment order sought direction to expedite pending appeal and maintain status-quo. Court directed disposal of appeal within four months and maintained status-quo pending determination.
The appeal pending before District Magistrate shall be disposed within four months. Status-quo maintained until appellate appeal is disposed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2377 of 2022
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Madan Jindal S/o Late Rameshwar Dass Jindal Resident of 706 Part 2, Sector 15, Gurgaon, P.S., District- Gurgaon, Haryana -122001.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Verma, Sr. Advocate For the Respondent/s : Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 22-02-2022 Heard Mr. Rajiv Verma, learned senior counsel for the petitioner and Mrs. Nutan Sahay, learned AC to AAG-12 for the State.
The petitioner has purchased a piece of land at Mauza Rasalpura, Tola Karanbigha, P.S. Noorsarai, Biharsharif, Distt. Nalanda, details of which, have been mentioned in paragraph 6 of the writ application involving a total area of 6 decimal.
The petitioner under the Public Private Partnership Scheme floated by FCI in collaboration with Bihar State Warehousing Corporation submitted his tender and was awarded the work for construction of a godown on the land purchased by the petitioner in the year 2013. Thereafter, a lease agreement
Patna High Court CWJC No.2377 of 2022(2) dt.22-02-2022 2/3
was executed as per Public Private Partnership Scheme between the petitioner and the Bihar State Warehousing Corporation on 28.11.2013, and since then, the foodgrains are being stored in the godown constructed upon the subject land.
Learned senior counsel for the petitioner submits that on complaint before Sub Divisional Public Grievance Redressal Authority, Biharsharif, a proceeding for encroachment to the extent of 6 decimal of the subject land was initiated. However, the Sub Divisional Public Grievance Redressal Authority, Biharsharif, transferred the proceeding before the Circle Officer, Noorsairai, Biharsahrif, Nalanda, who passed the final order after deciding the objection submitted by the petitioner. Aggrieved by the aforesaid order, the petitioner preferred an appeal before the learned Collector, Nalanda at Biharsharif vide Appeal No. 04/2020 which is still pending. Learned counsel further submits that the petitioner has also filed the stay petition before the appellate authority. However, the petitioner has reasonable apprehension that some part of the godown and its boundary wall will be demolished by the competent authority pursuant to the final order passed by the Circle Officer, Noorsarai, inasmuch as some portion of the boundary wall has already been demolished.
Patna High Court CWJC No.2377 of 2022(2) dt.22-02-2022 3/3
Having heard learned counsel for the parties and taking into consideration the fact that the appeal preferred by the petitioner is pending before the District Magistrate, Nalanda, at Biharsharif (Respondent No.2), he is directed to dispose the appeal filed by the petitioner within a reasonable period of time preferably within a period of four months from the date of receipt/production of a copy of this order.
With aforesaid observation/direction, this writ application stands disposed of.
It is made clear that till disposal of the appeal, the status-quo existing as of today shall be maintained by the parties.
(Anil Kumar Sinha, J)
S.Ali/-
U
2 issues framed by the court
Whether pending appeal before District Magistrate should be disposed of within a specific timeframe.
Whether status-quo should be maintained till disposal of the pending appeal regarding alleged encroachment.
Madan Jindal
The State of Bihar Through, Collector, Nalanda
The District Magistrate - Cum- Collector, Nalanda
The D.C.L.R., Nalanda
The Circle Officer, Noorsarai
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
