The Patna High Court, while dismissing an appeal filed against the judgment of the learned Single Judge merely permitting her to avail the alternate remedy of an appeal from the order of the Circle Officer dated 19.04.2022, held that if there is any allegation of mala-fide action leading to eviction from a property and compensation thereof, it would have to be agitated in the Civil Court.
Brief Facts:
The writ petitioner-appellant herein is aggrieved by the judgment of the learned Single Judge merely permitting her to avail the alternate remedy of an appeal from the order of the Circle Officer dated 19.04.2022. The appellant’s contention in the appeal is that there were other prayers; for restoring the demolished house in the property in which the petitioner was alleged to have encroached and due compensation from the Circle Officer.
Contentions of the Appellant:
The Learned Counsel for the Appellant submitted that after the sale deed was executed in favor of the appellant, there was a mutation carried out with the Municipality. It was contended that the private respondents, who belong to the forward caste, being inimical to the petitioner, who belongs to an extremely backward caste, influenced the Circle Officer to carry out the demolition of the building on the property. The demolition was also without notice and is against the order of the Collector in the further submission made.
Observations of the Court:
The Court noted that the learned Single Judge had disposed of the writ petition without looking into the merits, on a request made by the learned counsel for the petitioner to challenge the order dated 19.04.2022 in an appropriate appeal, which even at that point in time was hit by limitation. The petitioner’s counsel made the prayer only since the appeal would have been impeded by the issue of limitation.
The Court observed that even according to the appellant, a title suit is pending. It is not stated as to whether there are any interim orders in the title suit, nor is it stated whether the matter has been disposed of as of now. If the appellant establishes the title, then necessarily the appellant would have to seek restoration of the property. If there is any allegation of mala-fide action leading to eviction from a property and compensation thereof it would have to be agitated in the Civil Court. The question of title and the illegal eviction, including no notice having been given, would require evidence, the adjudication of which the Civil Court would be best suited and not an extraordinary remedy under Article 226 of the Constitution.
The decision of the Court:
The Patna High Court, dismissing the appeal, held that if the appellant desires to file an appeal, from the order of the Circle Officer, then the same shall be done within a period of four weeks.
Case Title: Savitri Devi v. The State of Bihar & Ors.
Coram: Hon’ble Justice K. Vinod Charan and Hon’ble Justice Rajiv Roy
Case no.: Letters Patent Appeal No.935 of 2023
Advocate for the Appellant: Mr. S. Azeem
Advocate for the Respondents: Mr. Md. Khurshid Alam
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