IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHWANI KUMAR SINGH, J.
(4.2.2021)
CWJC No. 5690 of 2020
Sita Devi : Petitioner
Vs.
State of Bihar & Ors. : Respondents
Constitution of India – Article 226 read with Bihar Public Land Encroachment Act, 1956 – Encroachment Proceedings – existence of alternative remedy – maintainibility of writ petition – it is well settled by now that it is within the discretion of the High Court to grant relief under Article 226 of the constitution of India despite existence of an alternative remedy – however the High Court ought not interfere if there is an adequate efficacious alternative remedy available to the petitioner and the petitioner has approached the High Court without availing the same unless he has made out an exceptional case warranting such interference in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India – the petitioner may appear in the proceeding and put forward her case in order to satisfy the collector under the Act she is not an encroacher and even after hearing her if the Collecter comes to a conclusion that she is an encroacher and passes an order for removal of encroachment, she would still have a remedy appeal/review under the Act – in view of availability of an equally efficacious statutory remedy to the petitioner for redressal of her grievance, no relief can be granted to her in extra-ordinary writ jurisdiction. (Paras 16, 28 & 30)
Constitution of India – Article 226 – Writ jurisdiction – adjudication of facts – if a disputed questions of fact can be determined on the basis of affidavit or on documents, the High Court may entertain writ application under Article 226 of the Constitution of India and decide the dispute – in a given case, it may also examine witnesses – however, when the parties raises question of fact of a complex nature, which may require oral evidence to be taken, it would not be appropriate to determine the issue in writ jurisdiction – the issue of title raised by the petitions in the instant case is not complex nature, which can only be determined by way of filing a suit and leading evidence before a Court of competent jurisdiction. (Para 37)
AIR 1961 SC 1526, AIR 1976 SC 386, [1993 supp (1) SCC 306], 2012(12) SCC 170, 2004(3) SCC 553, 1998(8) SCC 1, 1969(3) SCC 769, 2003(1) SCC 107, 2011(14) SCC 337, 2014(1) SCC 603 – Referred.
ASHWANI KUMAR SINGH, J.:–Heard Mr. Puneet Siddhartha, learned advocate for the petitioner and Mr. Khurshid Alam, learned AAG-12 for the State.
2. The petitioner has approached this Court invoking the writ jurisdiction with a prayer for relief under Article 226 of the Constitution of India to direct the respondent authorities to produce all the documents related to land acquisition proceedings or encroachment proceedings, if any, done against the land/property/building of the petitioner. It has been further prayed to direct the respondent authorities to abstain from any demolition work at Sampatchak, Patna in relation to the property of the petitioner during the pendency of the case and to direct the respondent authorities to not initiate any encroachment proceedings or land acquisition proceedings during the subsistence of pandemic created by Covid 19 virus. It has been further prayed to direct the respondent authorities to maintain peace and harmony amongst the citizens residing at Sampatchak, Patna and ensure that no citizen is rendered homeless and vulnerable to the infection of Covid 19 virus, which could be created by demolition of their houses and to take appropriate actions against the erring respondents for committing misdeed, misdemeanour and illegality, particularly for keeping the petitioner in mental distress and harassment.
3. Subsequently, the petitioner filed an interlocutory application vide I.A. No.1 of 2020 wherein she has stated that due to inadvertent typing error at para 1 in the writ petition, she had made a prayer, which appeared to be made for public interest litigation. She further contended that the petitioner is before this Court only to protect her personal interest appertaining to her property and not for any public interest. She, thus, prayed that the original writ application may, therefore, be also read to direct the respondent authorities to stop the demolition of property/buildings of the petitioner pertaining to Khata No.434, Plot No.1447 situated at near Gosae Math, Sampatchak Block, P.O.-Sonagopalpur, Patna, Bihar without establishing title over the same by a decree of the civil court obtained in proceedings properly initiated in accordance with law.
4. In the writ application, the petitioner has pleaded that she purchased a property through a registered sale deed dated 17.04.2000 from one Bhadu Rai, son of late Santosh Rai and came in possession of the land/property appertaining to Khata No.434, Plot No.1447 situated at near Gosae Math, Sampatchak Block, P.O.-Sonagopalpur, Patna. The subject land has a area of four and a half dhur on which she along with her family members are residing in their house. She has been enjoying the right, title, interest and possession over the property unhindered for two decades. The Circle Officer, Sampatchak without issuance of any show cause notice to the petitioner started marking houses and property of the petitioner and others living in her locality in June, 2019 stating that the subject land has been acquired. The interference by the respondent authorities in the right, title, interest and possession of the petitioner without initiation of any land acquisition proceeding and without paying a farthing in terms of compensation to the affected raiyats is illegal, arbitrary, unjustifiable and tantamount to interference with the statutory as well as constitutional rights of the petitioner.
5. The petitioner has further pleaded that being aggrieved by marking of the houses, coupled with no concrete answer being given by the respondent authorities present on the spot regarding any land acquisition case or encroachment proceedings, the petitioner through her family members and other raiyats made representations on 22.06.2019 to the respondent authorities for restraining them from doing any illegal acquisition before providing with compensation as required by law. Since the representations were not being decided by the concerned respondent authorities, the affected
The settlement claim must be substantiated with relevant documents in a summary proceeding.
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