IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1047 of 2008
Shree Chandra Das, S/o. late Bachchu Das,
R/o. Vill- Dinara, P.S. Dinara, Distt. Rohtas, Sasaram.
Versus
1. The State Of Bihar through the Secretary, Revenue Department,
Government of Bihar, Old Secretariat, Patna.
2. The Collector, Rohtas (Sasaram).
3. The Circle Officer-cum-Blockk Development Officer, Dinara,
P.S. Dinara, District- Rohtas, (Sasaram).
4. Halka Karamchari, Dinara, P.S. Dinara, District- Rohtas
(Sasaram).
5. Radhika Raman Prasad, S/o. Late Kali Singh, R/o. Vill. Girdharia,
P.S. Dinara, District- Rohtas, (Sasaram).
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03. 29.09.2011 Heard the learned counsel for the petitioner and counsel
appearing on behalf of the State.
Petitioner has prayed for quashing the notice dated
06.06.2007 passed in Case No.1 of 2007-08.
The case of the petitioner is that the lands were settled
with the petitioner by the State of Bihar about 35 years ago and as
such he cannot be removed from the land in question. The Circle
Officer-Cum-Block Development Officer, Dinara, District- Rohtas
issued notice to the petitioner. Petitioner filed show-cause. After
filing show cause the Circle officer is not taking appropriate
decision in the matter.
This Court does not appreciate the conduct of the Circle
Officer, Dinara inasmuch as no public authority should be allowed
to harass the citizens in such a manner. If the Circle Officer thought
it proper to bring a proceeding under the encroachment he ought to
have considered show cause and heard the matter instead of
lingering this matter. I, therefore, quash the notice dated 06.06.2007
on the ground of delay and laches of the authority concerned.
2
Quashing the notice dated 06.06.2007, does not preclude the
authorities from restarting the encroachment case if it is found
necessary.
This writ application is disposed of.
(Sheema Ali Khan, J.)
Mkr.