LEELABAI THAKUR Vs. RANI DURGAWATI VISHWAVIDYALAYA

JUDGEMENT

(1.) The present petition is filed taking an exception to the impugned order dated 13-09-2017, passed by the respondent/University, whereby the petitioner has been directed to remove her house/encroachment from the land in question. This is second round of litigation. The petitioner has filed earlier W.P.No.10093/2013, which was disposed of by order dated 23-08- 2013, directing the respondent/University to consider and decide the petitioner's claim .It is alleged that since the order was not complied with, therefore, Conc. No.601/2014 was also filed which was dismissed with the following directions:

(2.) Per contra, learned counsel for the respondent/University submitted that a notice was issued on 16-05-2013 before passing of the order of removal of encroachment. The petitioner filed reply to the said notice but did not submit any document of its authorization or allotment in respect of the land in question. It is submitted that thereafter the University has prepared a list of the encroachers and in the said list, the name of the petitioner is included at Serial No.43. In the list of the encroachers who were residing themselves or who have let out the occupation, the name of the petitioner is mentioned at Serial No.43 and she has been shown residing herself.

(3.) The respondents contended that the petitioner has retired from services of the University on attaining the age of 62 years w.e.f. 30-04-2016. The petitioner has no authority to occupy the land and the super structure standing on it. This court has already passed detailed order on 18-08-2017 while deciding Contempt Petition No.601/2014 and the University was granted liberty to remove the encroachment.