Writ petition challenging an encroachment order declaring petitioners' house as sitting on Gairmajarua Am public land and directing vacation. The court found no evidence of ownership, dismissed the petition and directed the petitioners to cooperate in removal of encroachment.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3135 of 2019
In
Civil Writ Jurisdiction Case No.17473 of 2016
======================================================
Smt. Mita Devi Wife of Late Binay Singh (The Original petitioner) resident of Mohalla- Raja Bazar, (Salempur Dumra) Khagari, P.S.- Shastrinagar, Circle Patna Sadar, District- Patna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
with
Civil Writ Jurisdiction Case No. 2885 of 2024
======================================================
Patna High Court MJC No.3135 of 2019 dt.05-03-2024 2/5
Raja Bazar, P.S. Shastrinagar, District Patna.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : (In Miscellaneous Jurisdiction Case No. 3135 of 2019) For the Petitioner/s : Mr.Sanjay Prakash Verma, Advocate For the Opposite Party/s : Mr.Shiv Kumar A.C. to G.A. 3 (In Civil Writ Jurisdiction Case No. 2885 of 2024) For the Petitioner/s : Mr.Shashi Bhushan Kumar, Advocate For the Respondent/s : Mr.Government Pleader 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-03-2024
In the instant petition, petitioner has prayed
for following relief(s):-
I. For quashing/set aside the order dated 08.02.2024 passed in Encroachment Case No. 08/2017-18 by the Circle Officer, Patna Sadar whereby and where under the pakka
Patna High Court MJC No.3135 of 2019 dt.05-03-2024
3/5
house of the petitioners situated in Mauza Salempir Dumra, Thana, No. 10, Khata 141, Khesra No. 453, Area 37 Dic. is a Gairmajarua Am land and direct to vacate the said land. And further stay the operation of notice dated 08.02.2024. A copy of order dated 08.02.2024 is annexed herewith and marked as Annexure-P/1 to this petition. II. To further quash the letter no. 973 dated 12.02.2024 issued by the Circle Officer Patna Sadar, whereby and whereunder request to appoint the Magistrate and police force for removal of encroachment in the light of order dated 08.02.2014.
pursuant to the order passed in C.W.J.C. No. 17473 of 2016 dated 02.08.2017 passed by the Division Bench read with contempt/M.J.C. No. 3135 of 2019. The petitioners Ajay Kumar Yadav and eleven others have not apprised by means of piece of evidence to the extent that they are the owners of the subject matter of the plot/land/building. In the absence of such material information, they have no legal or statutory right to sit over the public land.
Patna High Court MJC No.3135 of 2019 dt.05-03-2024 4/5
Madarasa versus N. Dinakaran and Others vide order dated 26.02.2024 in SLA (C) No.(s) 4375 of 2024 laid down certain criteria which are as under:-
“(i) The petitioner is admittedly not the owner of the subject property;
(ii) The subject land, vests in Chennai Metropolitan Development Authority (for short ‘CMDA’) free from all encumbrances;
(iii) The petitioner is an unauthorized occupant;
(iv) The petitioner never applied to sanction building plans;
(v) The construction was raised in totally illegal manner;
(vi) The illegal construction, remained unabated despite notices being served by the CMDA Authorities on 09th December, 2020.”
apprised any legal material evidence in support of the relief. Accordingly, the petitioners have not made out any statutory rights so as to interfere with the impugned decision of the respondents narrated in relief(s) column. Accordingly, the present writ petition stands dismissed.
operate with the official respondents insofar as removal of encroachment, failing which the concerned authority is
Patna High Court MJC No.3135 of 2019 dt.05-03-2024 5/5
hereby directed to take appropriate action.
27.03.2024.
(P. B. Bajanthri, J)
(Alok Kumar Pandey, J)
alok/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 07.03.2024. |
| Transmission Date | N/A |
1 issue framed by the court
Whether the petitioners established ownership or statutory right over the plot declared Gairmajarua Am public land so as to quash the Circle Officer's encroachment order.
Colour shows how this judgement treated each authority
Hydha Muslim Welfare Masjid-E Hidaya and Madarasa versus N. Dinakaran and OthersRelied on¶3
SLA (C) No.(s) 4375 of 2024
Mita Devi
The State of Bihar
Ajay Kumar Yadav @ Ajay Rai
Chaitnya Prasad
Anupam Suman
Kumar Ravi
P. B. Bajanthri
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
