Writ petition challenging a show cause notice in an encroachment case disposed as premature. Court held that petitioner must file reply before approaching the Court. Petition dismissed.
Writ petition along with Misc. Case dismissed as premature; petitioner directed to contest the proceeding.
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W.P.(C) NO.19218 OF 2015 10.11.2015
This Writ Petition has been filed by the petitioner challenging the notice dated 14.8.
2015 issued by the Tahasildar, Kujanga in Encroachment Case No.384 of 2015 directing the petit
ioner to show cause as to why a proceeding shall not be initiated against him under O.P.L.E Ac
t for unauthorized occupation of a shop room appertaining to Plot No.1950 under Khata No.828 m
easuring an area of Ac.0.01 decimal of Mouza Talapada.
2. The petitioner instead of filing his reply to the impugned show cause notice has direc
tly approached this Court. Accordingly, this Court is not inclined to entertain this Writ Peti
tion as the same is premature. However, it is open to the petitioner to contest the proceeding
and take appropriate steps in accordance with law, if so advised.
The Writ Petition along with Misc. Case is accordingly dismissed.
2
1 issue framed by the court
Whether the writ petition challenging the show cause notice in an encroachment case is maintainable.
Petitioner
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court