High Court Janakpur Orders On-Site Inspection in Public Land Dispute

Kathmandu. The High Court Janakpur bench has ordered an on-site study and report submission regarding a dispute where a public road was allegedly registered under an individual's name, citing the complexity of the case.

The bench of Acting Chief Judge Tek Narayan Kunwar and Judge Tikaram Acharya issued the order on Monday in a case filed by Prithvi Sah Haluwai against Jagdish Pasman regarding the cancellation of a fraudulent deed and registration, seeking to have the land declared public.

The court has issued a five-point order for the inspection of the disputed land. The order mandates that both parties, or their appointed legal representatives, be present at the site on 2083 Baishakh 13 at 10:00 AM.

The inspection will be conducted by the presiding judge, with the court registrar, bench officer, and relevant department heads instructed to attend.

“The technical expert (Amin) from the concerned District Court and a surveyor from the Survey Office, Dhanusha, must be notified to attend the site with measurement equipment and ensure their mandatory presence at the specified date, time, and location,” the order states.

The assigned team of officers and staff has been ordered to prepare and submit a report detailing the facts observed during the inspection in the presence of both parties.

Given the complexity of the case, the court deemed it necessary to directly observe and inspect the location of the disputed plot numbers to reach a conclusion, issuing a six-point order under Section 178 of the National Civil Procedure Code, 2074.

This order represents a new practice by the High Court under Section 178 of the National Civil Procedure Code, 2074. Previously, the Supreme Court had sent a team for an on-site study regarding the Godawari Marble environmental case.