Regarding contempt procedure
Anil Sinha
(Querist) 07 July 2012
This query is : Resolved
I purchased a piece of land in Patna in 1972 of size 55 x50 ft. In front of the road there used to be a nala, which had been covered. During this period some 4 people raised mud houses encroached the road.Gradually more and more people started settling on it. In 1985, I lodged a complaint with Patna D.M. He had the matter investigated and ordered removal of encroachment.Due to laxity of the administration nothing happened and people continued settling on it. Repeated requests were made and again the administration promised to remove the encroachment and sent a magistrate to remove it but nothing happened . I filed a contempt petition in the Patna High Court and the court asked to the district administration to look into the matter and title of the encroacher before removal but again nothing happened. Instead my file was transfered to Jharkhand High Court in 2000, when the bifurcation of Bihar took place. This was instigated by a very powerful lobby , who on seeing people encroach themselves encroached at the other end of the land. I somehow managed to restore the case back to Patna High Court in 2001. The case reopened in 2011 .There were16 hearing of very frivilous nature.In all 3 judges heard the matter.The 2nd judge asked to disasscoiated himself from the case. Later the 3rd judge , who heard the matter dismissed the writ petiton on grounds that the essential parties were absent ie the encroachers. Is it my duty to serve notice to the tresspassers who number more than 60and bring them to court? The administration all along is saying they are encroachers and should be evicted. So instead of filing an SLP in Patna High Court, I have filed an S.L.P in the Supreme Court. My problem is this that it is very expensive to fight for justice there. For filing , I had to pay Rs35000/. For admission , I am asked to pay much much more. And for hearing depending on the number of hearing , I have to pay . This becomes absurd for a person like me who earns Rs250000/ per year.Can you people suggest , what is the best way out and is it wise to fight the case at all after examining the papers, I am sending as attachment.
yogesh
(Expert) 07 November 2012
lITIGATION IN ALL PART OF COUNTRY IS EXPENSIVE..There is some Middle Income legal aid whose income is more than 1 Lakh but less than 2-3 Lakhs..You may contact supremcourt of India through website
