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M. V. MURALIDARAN
Barendra Nath Sahoo – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
M.V. Muralidaran, J.
Heard Mr.K.C.Das, learned counsel for the petitioner, Mr.Suman Sengupta, learned Government counsel for the respondents 1 to 8 and Mr.Atarup Banerjee, learned counsel for the respondents 9 to 11.
2. The writ petition has been filed by the petitioner to quash the impugned orders dated 4.10.2018 and 1.11.2018 passed by the District Magistrate, Purba Medinipur and to direct the respondents to remove the encroachment over the PWD land in Dag No.175, J.L.No.38, Khatian No.515 of Mouza-Ilan, Police Station – Egra and also to direct the private respondents to stop construction over the land in question.
3. The case of the petitioner is as follows:
The petitioner is owning and possessing the plot of land admeasuring about 14 decimal at Dag No.175, J.L.No.38, Khatian No.515 of Mouza-Ilan, which is situated besides the Egra to Digha Roads via Kudi. The parts of the plots land being Plot No.175 were acquired and, in this regard, respective plan was issued by the competent authority. There is an encroachment and construction over the PWD land of Dag No.175, which is situated besides the Egra to Digha Roads, which is used by the petitioner as ingress and egress as wel
The main legal point established in the judgment is the requirement of substantial evidence to support claims of encroachment. The judgment emphasizes the importance of legal proceedings under the We....
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The Magistrate must follow the mandatory procedure under Section 133 of the Code of Criminal Procedure, which requires the Magistrate to first question the person against whom the order is made wheth....
A member of a Gram Panchayat can be disqualified for encroaching on government land under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, and such disqualification is valid if supported....
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
The main legal point established in the judgment is the need to conduct a survey to identify encroachments on public lands and to take appropriate action for their removal under the relevant laws.
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