Back
K. VINOD CHANDRAN, PARTHA SARTHY
Hari Kishan Sharma @ Hari Maharaj, Son of Gokhul Ram Sharma – Appellant
Versus
State of Bihar Bihar – Respondent
JUDGMENT :
(K. Vinod Chandran, CJ.)
The above appeals arise from three writ petitions respectively; C.W.J.C. No.17689 of 2022 by two writ petitioners, C.W.J.C. No.17688 of 2022 by 37 writ petitioners and C.W.J.C. No. 8727 of 2024 by one writ petitioner. The appellants are aggrieved with the judgment of the learned Single Judge, which refused interference to the show-cause notices issued under Bihar Public Land Encroachment Act, 1956 (for brevity ‘Encroachment Act’) in encroachment cases before the Circle Officer, Purnea East. There was also allegation in CWJC No.17689 of 2024 that some structures were forcibly demolished without proper notice, even under the Encroachment Act.
2. The identical contention raised by the different petitioners was that the very same property was twice attempted to be evicted under the Public Land Encroachment Act, once in the year 1953 and then in the year 1973, both of which were resisted by the land-owners; at the first instance by the predecessors-in-interest of the writ petitioners. At the first instance, it was categorically found by the various hierarchical authorities under the Encroachment Act; except the first appellate authority, the Collector, t
The court upheld the refusal to interfere with eviction notices under the Bihar Public Land Encroachment Act, emphasizing the need for petitioners to establish their claims before the authority.
The main legal point established in the judgment is the principle of res judicata and the finality of dropped encroachment proceedings, which prevent the reinitiation of proceedings for the same land....
Challenging a Show Cause Notice invoking a court's writ jurisdiction is premature and discouraged by the mandate of the law. A Show Cause Notice does not give rise to a cause of action unless there i....
The main legal point established in the judgment is that summary proceedings under the Andhra Pradesh Land Encroachment Act, 1905 cannot be sustained when there is a longstanding possession and a bon....
Civil courts have jurisdiction to adjudicate title disputes over land; revenue authorities cannot evict occupants under disputed ownership.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
