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Janakpur High Court issues 5-point order to register government property in the name of individuals

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Kathmandu. The Janakpur High Court bench has ordered the government to submit a report after carrying out field study in view of the complexity of the case.

A division bench of Acting Chief Justice Tek Narayan Kunwar and Justice Tikaram Acharya issued the order on Monday. The order was issued by Prithvi Sah Haluwai in connection with a case filed against Jagadish Pasman.

The court has issued a 5-point order for inspection of the disputed land. The order directs the court to inform both the parties to be present on the spot at 10:00 a.m. on the same day.

The bench judges themselves shall inspect the site on the said date and inform the registrar, bench officer and head of the concerned area to be present for the same.

“The technician (Amin) of the concerned district court and the surveyor of the Survey Office, Dhanusha who prepared the map of the disputed land should also be sent in writing to be present at the disputed site along with the measurement equipment and present them at the designated date, time and place,” the order reads.

The apex court has also ordered the officials and staff deputed in the presence of both sides to prepare and submit a report along with facts found during the inspection and observation.

Considering the complexity of the subject matter of the case, it was appropriate to directly observe and inspect the disputed land and reach a conclusion as per Section 178 of the Civil Procedure Code, 2074 BS.

This order is a new practice made by the High Court under Section 178 of the Civil Procedure Code, 2074. Earlier, the Supreme Court had sent a team to conduct an on-site study on the issue of Godavari Marble.

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