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2009 Supreme(Pat) 907
PATNA HIGH COURT
Ajay Kumar Tripathi, J.
Deo Chandra Jha Son Of Late Dharam Narayan Jha
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 402 of 2009
Decided On : JULY 10, 2009
Verification of land ownership claim is crucial before taking action on encroachment.
Headnote:
arbitrary action - encroachment - The court directed the Circle Officer to verify the petitioner's claim of land ownership before implementing the order of encroachment and to pass appropriate order only after verification of revenue documents. No demolition can take place till the verification of the document and appropriate order is passed on full verification.
Fact of the Case:
The petitioner filed a writ application against the arbitrary action taken by the Circle Officer, who had ordered encroachment removal without verifying the petitioner's claim of land ownership.
Finding of the Court:
The court allowed the application and directed the Circle Officer to verify the petitioner's claim of land ownership before implementing the order of encroachment.
Issues: Arbitrary action by the Circle Officer, encroachment removal, verification of land ownership claim
Ratio Decidendi: The court emphasized the importance of verifying the petitioner's claim of land ownership before taking any action on encroachment.
Final Decision: The writ application was disposed of with a direction to the Circle Officer to verify the petitioner's claim of land ownership before implementing the order of encroachment.
1. Petitioner has filed the present writ application against the so-called arbitrary action taken by the Circle Officer, Jhanjharpur on the background that a P.I.L. came to be filed by one Shankar Thakur which is C.W.J.C. No. 2680 of 2009. It is alleged that he, without disclosing all the correct facts, got an observation from the High Court on 27.2.2009 stating that in spite of order of the Circle Officer, encroachment is not being removed by the Circle Officer.
2. Though the High Court categorically recorded in the order that "it is made clear that we have not expressed any opinion in regard to the claim made by the petitioner and that shall be examined by respondent no. 2 in accordance with law", still the respondent has treated it as direction to remove the encroachment. Follow action has been taken by the Circle Officer which are recorded in the notice dated 13.5.2009, 9.4.2009 and 21.5.2009, which are Annexures-6, 6/1 and 7, and form part of I.A. No. 3903 of 2009.
3. After having heard learned counsel for the petitioner and learned counsel for the State, I.A. No. 3903 of 2009 is allowed and the writ application is disposed of with a direction to the Circle Officer, Jhanjharpur that before implementing the order of encroachment which he has passed, he shall first give a liberty to the petitioner to furnish the documents on the basis of which the petitioner claims the land to be raiyati, existing in his favour and only after verification of those revenue documents he shall pass appropriate order. No demolition can take place till the verification of the document and appropriate order is passed on full verification.
4. The petitioner will appear before the Circle Officer within two weeks from today with a copy of the order. On the petitioner appearing within the time frame before the Circle Officer and present his case alongwith supporting documents, the Circle Officer shall pass an appropriate order in accordance with law which shall be speaking.
5. This writ application is disposed of with the above direction.
