Raja Ram Sharma Vs. Union of India and ors - Court Judgment

Excerpt:
in the high court of judicature at patna miscellaneous jurisdiction case no.2290 of 2011 raja ram sharma v union of india & ors ---------------------------------- 4. 11.01.2012 counsel for the opposite party nos. 6 & 7 produces a xerox copy an order alleged to have been passed by the district magistrate dated 30.12.2011 which reads that road has been constructed over the some part of plot nos. 161 & 162 belonging to the petitioner. npcc was directed to restore the status and possession of the plots to the petitioner within thirty days from the date of the order. it is submitted that the order shall be complied within time. counsel for the petitioner submits that the court had also directed that in the event of a finding for unauthorized intrusion by excavation or uprooting the crops, the question of compensation shall also be considered by the district magistrate, for which the petitioner has filed an application. if the district magistrate has passed an order on 30.12.2011, the court would have expected better assistance from the state authorities by filing an appropriate show cause rather than any suggestion of compliance on behalf of others whom the district magistrate may have directed. in any event the order dated 30.12.2011 is yet to be complied with. let the opposite party no. 3 file fresh show cause in the matter before the next date, and if the order remains uncomplied he is directed to remain present in person to show cause why charges be not framed. list this matter at the same position on 15.2.2012. snkumar/- (navin sinha,j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2290 of 2011 Raja Ram Sharma V Union Of India & Ors ---------------------------------- 4. 11.01.2012 Counsel for the Opposite party nos. 6 & 7 produces a Xerox copy an order alleged to have been passed by the District Magistrate dated 30.12.2011 which reads that road has been constructed over the some part of Plot nos. 161 & 162 belonging to the petitioner. NPCC was directed to restore the status and possession of the plots to the petitioner within thirty days from the date of the order. It is submitted that the order shall be complied within time. Counsel for the petitioner submits that the Court had also directed that in the event of a finding for unauthorized intrusion by excavation or uprooting the crops, the question of compensation shall also be considered by the District Magistrate, for which the petitioner has filed an application. If the District Magistrate has passed an order on 30.12.2011, the Court would have expected better assistance from the State authorities by filing an appropriate show cause rather than any suggestion of compliance on behalf of others whom the District Magistrate may have directed. In any event the order dated 30.12.2011 is yet to be complied with. Let the Opposite party no. 3 file fresh show cause in the matter before the next date, and if the order remains uncomplied he is directed to remain present in person to show cause why charges be not framed. List this matter at the same position on 15.2.2012. Snkumar/- (Navin Sinha,J.)