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2018 Supreme(Jhk) 2174
IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.N. Patel, Rajesh Kumar, JJ.
Gopal Prasad Gupta - Appellant
Versus
State Of Jharkhand & Ors. - Respondent
Letters Patent Appeal No. 742 of 2015 and Interlocutory Application No. 4851 of 2016
Decided On : 30-04-2018
A.K. Sahni, Adv., Rajeev Sharma, Adv., Nitu Singh, Adv.
The court upheld the principle of unauthorized occupation and abuse of court proceedings in cases of encroachment.
Headnote:
Limitation Act, 1963 - Condonation of Delay - Encroachment
Fact of the Case:
The appellant, an encroacher, filed a Letters Patent Appeal against the judgment and order to be removed from a shop owned by the Central Government. The appeal was dismissed by the court.
Finding of the Court:
The court found that the appellant was an encroacher and had no contractual obligation with the Cantonment Board. The court concluded that the appellant had abused court proceedings and was illegally occupying the shop.
Issues: Encroachment, Abuse of Court Proceedings, Unauthorized Occupation
Ratio Decidendi: The court's decision was influenced by the appellant's unauthorized occupation, lack of contractual obligation, and interference in the work of the Cantonment Board and the rightful allottee of the shop.
Final Decision: The Letters Patent Appeal was dismissed with a cost of Rs. 20,000 to be deposited towards the Juvenile Justice fund within six weeks.
JUDGMENT
D.N. Patel, A.C.J. – I.A. No. 4851 of 2016
Present interlocutory application has been preferred under section 5 of the Limitation Act, 1963, for condonation of delay of 25 days in preferring this Letters Patent Appeal.
2. Having heard counsels for the both sides and looking to the reasons stated in the interlocutory application, especially in paragraph No.s 6 and 7, it appears that there are reasonable grounds for condonation of delay.
3. In view of these facts, we hereby, condone the delay in preferring this Letters Patent Appeal. Accordingly, I.A. No. 4851 of 2016 is allowed and disposed of.
L.P.A. No. 742 of 2015
4. This Letters Patent Appeal has been preferred by the Original Petitioner, being aggrieved and feeling dissatisfied by the judgment and order dated 13th October, 2015 delivered by the learned Single Judge in W.P.(C) No. 1916 of 2015.
5. The shop in question, viz. Shop No. 10 at the Old Bus Stand, Ramgarh is owned by the Central Government.
6. This appellant is neither a tenant nor a sub lessee, but, it appears that he is an encroacher. Writ petition was filed by this encroacher because he was ordered to be removed from the shop in question and this Letters Patent Appeal has been preferred by this encroacher because the writ was dismissed.
7. Having heard counsels appearing for both sides and looking to the facts and circumstances of the case, it appears that the shop in question was allotted by the Cantonment Board to Respondent No.6-Ganesh Prasad Gupta. Even electricity bill is also issued in the name of the Respondent No.6. There is no contractual obligation between this appellant and the Cantonment Board. There is no contract of tenancy or of sub-lease between this appellant and either the Cantonment Board or Respondent No.6. Thus, appellant is an encroacher.
8. Court proceedings have been abused by this appellant. Enough is enough. Since long this appellant is illegally occupying the shop in question. In fact, no error has been committed by the respondents for removing this appellant from the premises in question because he is unauthorizedly occupying it as neither the shop was allotted to him nor he is a sub-lessee.
9. Looking to the orders at Annexures 6, 8, 9 etc. to the memo of the Letters Patent Appeal, it appears that due to the dispute between the appellant and Respondent No.6, proceedings have been initiated under section 144 of the Cr.P.C.
10. It appears that permission for repairing work was given to Respondent No.6 by the Cantonment Board on 2nd May, 2014. This appellant was causing interference in the repairing work and hence, he was bound to be removed forthwith by the Cantonment Board.
11. It further appears that the Original Respondent No.6 has also filed one more writ petition, being W.P.(C) No. 4697 of 2015, which has been disposed of by the learned Single Judge vide Order dated 20th July, 2016, in which also it has been observed that in accordance with law Cantonment Board can remove this appellant. Thus, it appears that this appellant is an encroacher and unnecessarily he is interfering in the work of the Respondent No.6 and the Cantonment Board.
12. We, therefore, see no reason to interfere with the judgment and order dated 13th October, 2015. delivered by the learned Single Judge in W.P.(C) No. 1916 of 2015.
13. Hence, this Letters Patent Appeal is dismissed with a cost of Rs. 20,000/- .
14. The cost shall be deposited by the appellant before the Secretary, Department of Women, Child Development & Social Security, Government of Jharkhand towards the Juvenile Justice fund within six weeks. This amount shall be deposited in Bank A/c No.3734498462-5, Jharkhand Juvenile Justice Fund, State Bank of India, Project Bhawan, Hatia, either by cheque or bank draft, to be used for the welfare of the juveniles.
15. Copy of this order will be sent to the Secretary, Department of Women and Child Development & Social Security, Government of Jharkhand, and the Member Secretary, Jharkhand High Cour
