IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6468 of 2006
Pashupati Sah, son of Sri Ramji Sah, rersident of village+ P.O.+P.S.-
Basopatti, District Madhubani ... .... Petitioner
Versus
1. The State Of Bihar
2. The Sub-divisional Officer, Jainagar, Madhubani.
3. The Circle Officer, Basopatti, Madhubani .... Respondents
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For the Petitioner : Mr.Binod Kumar Singh, Advocate
For the State :M/s Sunil Kumar Mandal, S.C.-24 &
Dr. Abdus Shakoor, AC to S.C.-24
02/ 05.04.2011 Heard learned counsel for the petitioner and
the State.
2. Petitioner is aggrieved by the notice,
bearing Memo No. 187 dated 28.4.2006, Annexure-16
issued by the Circle Officer, Basopatti, whereunder
petitioner and three others have been asked to show
cause as to why the encroachment made by them over
Plot No. 5464 of village Basopatti be not removed, as
such encroachment has been made after removal of the
earlier encroachment in compliance of the orders of the
High Court passed in C.W.J.C. No. 3209 of 2002.
3. It is submitted on behalf of the petitioner
that aforesaid Plot No. 5464 of village Basopatti is not
a public land and to that effect orders have been passed
by the authorities earlier, but ignoring such order, the
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present proceeding has been initiated without even
indicating as to which portion of Plot No. 5464 has
been encroached by the petitioner and three others.
4. Aforesaid submission can very well be
appreciated by the Circle Officer, Basopatti, who
issued notice dated 28.4.2006, Annexure-16.
5. Accordingly, this writ petition is disposed
of directing the petitioner to appear before the Circle
Officer, Basopatti and file his show cause reply, which
should be considered by him in accordance with law, as
early as possible, in any case within two months from
the date of receipt of the show cause reply filed by the
petitioner along with a copy of this order. In case
petitioner does not file any show cause reply along with
a copy of this order before the Circle Officer, Basopatti
within the same time, it shall be open for him to
proceed ex parte.
6. The writ petition is, accordingly, disposed
of.
Arjun/ ( V. N. Sinha, J.)