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
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
The writ application stands disposed in the
KC ( Navin Sinha, J.)