Local Ujjwal Jha had sought a restraining order against Rajbiraj Municipality, District Administration Office, Kolenika and others.
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The Janakpur High Court, Rajbiraj Bench, has refused to issue an interim order on a writ petition filed by local Ujjwal Jha to protect houses and huts built encroaching on the land of the Comptroller of Treasury and Accounts Office (Kalenika), Saptari. Jha had sought an injunction against Rajbiraj Municipality, District Administration Office, and Kalenika.
On Thursday, a joint bench of judges Narishwar Bhandari and Naresh Kumar Chaudhary ruled that ‘as an interim order cannot be issued to stop the work being done in accordance with the law, there is no need to issue an interim order immediately as demanded.’ Kalenika had written to the municipality on 30th Poush, urging it to remove the houses and huts located on the encroached 2 katha 14 dhur land.
When the encroachment was not removed even after three months, Kalenika wrote again on 9th Baisakh. After the houses and huts were demolished, Jha had approached the High Court seeking an injunction. According to the landowner certificate, 6 kattha 6 dhur land in plot number 90 of Rajbiraj Municipality, former-7 (currently 6), is in the name of Kalenika. However, the Commission for the Investigation of Abuse of Authority (CIAA) has already decided on the issue of Jha encroaching on 2 kattha 14 dhur land from the southern part of the same plot to build houses and huts, and the Commission had also written to the municipality to remove the encroachment and protect government land.
On the same basis, a decision was taken in a meeting held on 22 Mangsir 2082 under the coordination of Chief District Officer Tubaraj Pokharel and the municipality was urged to vacate the encroached land.
