IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.15538 of 2010
1. SUNIL KUMAR JHA, SON OF LATE DURGA NAND JHA
RESIDENT OF B.K. ROAD, EAST OF VIDYAPATI SCHOOL,
P.S. LAHERIASARAI, DISTRICT DARBHANGA
2. KAILASH PRASAD VERAM SON OF LATE SATYA NARAYAN
PRASAD, RESIDENT OF DURGA VILA, BEHIND OF BALODIA
TRADER, KACHAHARI ROAD, P.S. LAHERIASARAI,
DISTRICT DARBHANGA.
3. DEVENDRA JHA SON OF LATE SURYA NARAYAN JHA,
RESIDENT OF WHEELERGANJ, NEAR GRAMIN BANK MAIN
BRANCH, P.S. LAHERIASARAI, DISTRICT DARBHANGA.
4. JIBACHH JHA SON OF LATE RAM AUTAR JHA, RESIDENT
OF B.K. ROAD, EAST OF VIDYAPATI SCHOOL, P.S.
LAHERIASARAI, DISTRICT DARBHANGA
5. KRISHNA CHANDRA JHA SON OF LATE JIBACHH JHA,
RESIDENT OF B.K. ROAD, EAST OF VIDYAPATI SCHOOL,
P.S. LAHERIASARAI, DISTRICT DARBHANGA
6. HARERAM JHA SON OF LATE RAM BAHADUR JHA,
RESIDENT OF B.K. ROAD, EAST OF VIDYAPATI SCHOOL,
P.S. LAHERIASARAI, DISTRICT DARBHANGA
7. RAMESH MISHRA SON OF RAMDEO MISHRA, RESIDENT OF
B.K. ROAD, EAST OF VIDYAPATI SCHOOL, P.S.
LAHERIASARAI, DISTRICT DARBHANGA
8. RAM SAGAR JHA SON OF LATE JANAK JHA, RESIDENT OF
B.K. ROAD, EAST OF VIDYAPATI SCHOOL, P.S.
LAHERIASARAI, DISTRICT DARBHANGA
9. CHITRANJAN CHOUDHARY SON OF RAM SAJJAN
CHOUDHARY, RESIDENT OF B.K. ROAD, EAST OF
VIDYAPATI SCHOOL, P.S. LAHERIASARAI, DISTRICT
DARBHANGA...............................PETITIONERS
VERSUS
1. THE STATE OF BIHAR
2. SECRETARY, URBAN DEVELOPMENT DEPARTMENT,
GOVERNMENT OF BIHAR, PATNA
3. COMMISSIONER, DARBHANGA DIVISION, DARBHANGA
4. DISTRICT MAGISTRATE, DARBHANGA
5. SUBDIVISIONAL OFFICER, DARBHANGA SADAR, DISTRICT
DARBHANGA
6. CIRCLE OFFICER, BAHADURPUR CIRCLE, DISTRICT
DARBHANGA
7. CHIEF EXECUTIVE OFFICER, MUNICIPAL CORPORATION,
DARBHANGA ................................RESPONDENTS.
For the petitioner : M/s Ajay Kumar Thakur and Ravi Ranjan -I,
Advocates.
For the State : Mr. Ritesh Kumar, AC to AAG-I
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02/ 16.09.2010 Heard learned counsel for the petitioners and learned
counsel for the State of Bihar and its authorities.
By this case, the petitioners challenge notice dated
20.08.2010 (Annexure-1) issued under the provision of section 3 of
the Bihar Public Land Encroachment Act, 1956 by Sub-Divisional
Officer, Sadar, Darbhanga (respondent no.5) directing the petitioners
to appear and file show-cause on 06.09.2010 as to why the
encroachment over public land shall not be removed.
Learned counsel for the petitioners submits that the land
in question is not public land, rather it is their raiyati land and when
they went to the office of Sub-Divisional Officer, Sadar, Darbhanga
(respondent no.5) on 06.09.2010 the show-cause of the petitioners was
not accepted on the ground that there was strike and they were asked
to appear on 18.09.2010. Learned counsel for the petitioners submits
that the petitioners apprehend that the authorities concerned will delay
the matter on this ground and will pass order of demolition in
encroachment case without hearing the petitioner.
On the other hand, learned counsel for the respondents
submits that there is no occasion for the authorities concerned to adopt
such measures as they will decide the matter in accordance with law in
pursuance of the notice sent by them.
Considering the facts and circumstances of the case as
well as the materials on record and the arguments raised by learned
counsel for the parties, it is quite apparent that notice had been issued
in the encroachment case and hence steps have to be taken in that
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regard and show-cause has to be filed by the petitioners.
In the said circumstances, this writ petition is disposed
of with a direction to the petitioners to file their show-cause on
18.09.2010 in the office of Sub-Divisional Officer, Sadar, Darbhanga
and if the office is closed or the concerned persons in the office do not
accept the show-cause, the petitioners must personally file their show-
cause before Sub-Divisional Officer, Sadar, Darbhanga, who shall
accept the same. Furthermore, the said matter must be decided
expeditiously in accordance with law after giving proper opportunity
to the petitioners to press their case.
Harish (S.N. Hussain, J.)