Jagdeo Manjhi &Amp; Ors vs The State Of Bihar &Amp; Ors on 11 April, 2011

Patna High Court – Orders
Jagdeo Manjhi &Amp; Ors vs The State Of Bihar &Amp; Ors on 11 April, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.5091 of 2011
                               JAGDEO MANJHI & ORS .
                                        Versus
                            THE STATE OF BIHAR & ORS .
                                      -----------

2/ 11/04/2011 Heard learned counsel for the petitioners and

learned counsel for the State.

The petitioners are aggrieved by a show cause

notice given to them in Case No.1/10-11 by respondent

No.6 as to why they be not ousted from the lands in

question being encroachers. The defence is that they are

lawful settllees from the original Khatiyani Raiyats as

also by grant of valid Parchas in other cases.

It is submitted that the writ petition was

necessitated because respondent No.6 was refusing to

accept the show cause and was threatening to evict

them by use of police force as asserted in paragraph-10

of the writ petition.

Learned counsel for the State has no objection

to the disposal of this application with directions that

the petitioners shall submit their reply to the show

cause notice before respondent No.5, the D.C.L.R.,

Bettiah at West Champaran, who shall ensure that it is

transmitted and put on the records of respondent No.6

in Misc. Case No.1/10-11 and that respondent No.6

shall grant due opportunity and hearing to the
2

petitioners and thereafter pass a reasoned and speaking

order in accordance with.

If a show cause notice has been issued and

proceedings initiated, the question of ousting the

petitioners pre-judging the show cause notice simply

does not arise till final adjudicatory orders are not

passed.

The writ application stands disposed in the

aforesaid terms.

KC                          ( Navin Sinha, J.)
 

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