Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6684 of 2010 ====================================================== Vikash Chandra Guddu Baba Versus .... .... Petitioner/s The State Of Bihar & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.15839 of 2013 ====================================================== Uday Kumar Srivastava & Ors .... .... Petitioner/s The State Of Bihar & Ors Versus .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.13305 of 2013 ====================================================== Sudama Devi & Ors Versus .... .... Petitioner/s The State Of Bihar & Ors .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17101 of 2013 ====================================================== Dinesh Kumar @ Dinesh Mehta & Ors .... .... Petitioner/s The State Of Bihar & Ors Versus
Legal Reasoning
.... .... Respondent/s ====================================================== Appearance : (In CWJC No.6684 of 2010) For the Petitioner/s : Mr. Vikash Chandra Guddu Baba Mr. (In Person) For the Respondent/s : Mr. (Aag2) (In CWJC No.15839 of 2013) For the Petitioner/s : Mr. Uma Shankar For the Respondent/s : Mr. Manikant Mishra (In CWJC No.13305 of 2013) For the Petitioner/s : Mr. Uma Shankar For the Respondent/s : Mr. M. D. Dwivedi (In CWJC No.17101 of 2013) For the Petitioner/s : Mr. Uma Shankar For the Respondent/s : Mr. Radhika Raman ====================================================== Patna High Court CWJC No.6684 of 2010 (13) dt.20-09-2013 2 CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 13 20-09-2013 On the previous occasion we did not approve of the Circle Officer filing the affidavit asserting that S.K.M.C.H. Muzaffarpur has been rid of all encroachment and required the Divisional Commissioner to confirm the same and file fresh affidavit. The affidavit filed on his behalf today confirms that all encroachments have been removed. Counsel for the petitioner invites our attention to the site map enclosed to the affidavit at Annexure ‘B’ and submits that apparently encroachments have not been removed from 9.82 Acres. Counsel for the State submits from the affidavit of the Divisional Commissioner that according to the 19 sale deeds submitted by the Principal S.K.M.C.H. for ascertaining the area of lands belonging to the Hospital vide letter dated 14.8.2013, it transpired that the total area as mentioned in the sale deeds is 126 Acres 93.8 decimals. Zamabandi was running in the name of the Hospital for 125 Acres 62.1/2 decimals. The Principal had affirmed under the R.T.I. Act that the College was in peaceful possession 131.90 Acres. In so far as 9.82 Acres are concerned, he submits from the earlier affidavit filed by the District Magistrate, Muzaffarpur on 3.7.2013 that the said order is the subject matter of S.A. No. 82 of 2011 in which orders for status quo have been passed on 16.5.2011. On 4.1.2011 this Court has already given directions for construction of appropriate boundary walls, pillars etc. to prevent recurrence of encroachment. We therefore direct that the respondent shall immediately commence construction of boundary wall of S.K.M.C.H. Muzaffarpur less 9.82 Acres to prevent encroachments. Appropriate care shall be taken with regard to strength and height of the boundary wall so Patna High Court CWJC No.6684 of 2010 (13) dt.20-09-2013 3 that the encroachers do not find the wall constructed an easy obstacle to overcome. We have already indicated earlier that if any encroachment reoccurs, the Divisional Commissioner, the District Magistrate and the Superintendent of Police Muzaffarpur will remain answerable in contempt. Another affidavit has been filed today by the District Magistrate Darbhanga. Referring to Annexure ‘O’ dated 11.9.2013. Learned Counsel for the State submits that the total area of lands belonging to the hospital is 202.105 Acres. 386 persons had encroached over 4.86 Acres. A total of 488 encroachments had been removed. There were no further encroachment except with regard to lands which were subject matter of Encroachment case Nos. 27/18/29 & 31 of 2013-14 as the principal of the College could not produce papers of title. We therefore direct that the respondent shall immediately commence construction of boundary wall of Darbhanga Medical College and Hospital less the subject matter of lands in Encroachment case Nos. 27/18/29 & 31 of 2013-14 9.82 Acres to prevent encroachments. Appropriate care shall be taken with regard to strength and height of the boundary wall so that the encroachers do not find the wall constructed an easy obstacle to return. We have already indicated earlier that if any encroachment reoccurs, the Divisional Commissioner, the District Magistrate and the Superintendent of Police Darbhanga will remain answerable in contempt. Another affidavit has been filed by the District Magistrate, Patna with regard to Patna Medical College, Nalanda Medical College and Nalanda Medical College Hospital. The petitioner in person submits that he
Decision
would like to file a reply to the same. At his request we direct that he will inform the District Magistrate and Senior Superintendent of Police, Patna in writing the date and time on which he proposes to visit Nalanda Medical Patna High Court CWJC No.6684 of 2010 (13) dt.20-09-2013 4 College and Nalanda Medical College Hospital with regard to the affidavit under consideration. We shall take up these three institutions for consideration on the next date. An affidavit is filed by the District Magistrate, Bhagalpur with regard to removal of encroachment from Jawahar Lal Nehru Medical College and Hospital in reply to para 10 of the affidavit filed by the petitioner on 23.8.2013 alleging that the lands on which the lands of the student’s hostel has been encroached by the residence of Inspector General of Police. When we took up the affidavit of the District Magistrate for our consideration and noticed letter dated 9.9.2013 of the Inspector General of Police, Bhagalpur Zone, Bhagalpur, learned Counsel for the State submitted that he may be permitted to withdraw the affidavit, seek fresh instruction and file a new affidavit. .The affidavit because of the nature of its contents at Annexure H written by the Inspector General of police, Bhagalpur Zone, Bhagalpur shall be kept on record. Permission is however granted to file fresh affidavit. Another affidavit has been filed by the District Magistrate, Gaya. The petitioner in person submits that he would like to file reply to the same also with regard to certain facts mentioned in the affidavit regarding area of the lands belonging to the College and hospital. We expect the parties to serve copies of their respective affidavits on each other before the next date. List on 25.10.2013. Snkumar/- (Navin Sinha, J) (Vikash Jain, J)