High Court Patna High Court - Orders

Shree Chandra Das vs The State Of Bihar & Ors on 29 September, 2011

Patna High Court – Orders
Shree Chandra Das vs The State Of Bihar & Ors on 29 September, 2011
                         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).
                                       ----------------------------------

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.