Is a order passed by sub divisional magistrate final
rajesh
(Querist) 25 January 2015
This query is : Resolved
Dear All,
Is a order passed by Sub Divisional Magistrate Final ?
There is a shed encroached on a public property. We complained to DC and DC forwarded this to AC and instructed to take action according to CrPc procedure.
AC along with Survey officers, Land records office, Village accountant visited the spot and learned it was clearly an encroachment and causing nuisance to the public. Hearing was done. The owners failed to produce any documents proving ownership of land encroached.
SDM (A.C) has passed orders and instructed the Municipal Commissioner to clear the shed within 15 days of the receipt of the notice. If failed so he would be punished according to the section 188.
-----
My Queries :
1) Is this order passed by Sub Divisional Magistrate final ? What level of powers does a SDM has ?
2) Are there any reasons Municipal Commissioner fail to clear the shed on public road ?
3) Can the hut owners appeal against this order ? If so on what grounds can it be done ?
Devajyoti Barman
(Expert) 25 January 2015
The order of the SDM is amenable to writ jurisdiction of the high court and hence you can always challenge this order in high court through writ petition.
rajesh
(Querist) 25 January 2015
THANKS for answering, but when it is a clear encroachment on a public road and the shed owners have absolutely no document wrt to the shed. SDM clearly said this is a encrohment according to City land Survey. On what grounds can they go to high court.
rajesh
(Querist) 25 January 2015
THANKS for answering, but when it is a clear encroachment on a public road and the shed owners have absolutely no document wrt to the shed. SDM clearly said this is a encrohment according to City land Survey. On what grounds can they go to high court.
rajesh
(Querist) 25 January 2015
Please answer by pending query
