Disposed

Ganga Ram and Ors. v. The State Of Bihar and Ors.

Patna HC20 Jun 2013CWJC/11038/2013

Case brief

AI extract

What is this about?

Writ application disposed of directing petitioners to appear before the Circle Officer within two weeks with a show cause note. Findings of the impugned order were quashed until fresh reasoned orders are passed after considering petitioners' defense.

What did the court decide?

Direction to petitioners to appear before Circle Officer within two weeks with show cause. Impugned order quashed. No action to be taken till fresh orders.

Ganga Ram and Ors. Vs The State Of Bihar and Ors. — Landlord and Tenant | Patna HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.11038 of 2013

¶3

======================================================

¶4

Ganga Ram S/O Late Kabutar Ram 2. Ganesh Paswan S/O Late Hitan Paswan

¶5

Sahdeo Paswan S/O Late Shital Paswan All residents of Bheriyahi Salona, P.S. Kanti, District - Muzaffarpur .... .... Petitioners Versus 1. The State of Bihar through the Commissioner, Tirhut Division, Muzaffarpur 2. The Commissioner, Tirhut Division, Muzaffarpur 3. The District Magistrate, Muzaffarpur 4. The Sub - Divisional Officer, Muzaffarpur 5. The Circle Officer, Kanti, Muzaffarpur .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Krishna Kant Singh, Mr. Anil Kumar Sinha, Advocates For the Respondents : Mr. Ray Shivaji Nath, AAG III ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

¶6

2 20-06-2013 Learned counsel for the petitioners submits that extra set of court-fee stamp shall be filed in course of the day. Let him do so.

¶7

Annexure-3 is an order of the Circle Officer, Kanti dated 06.05.2013. Though it is said that it is a notice, it appears that findings have been given by him that the lands on which petitioners had put up huts are public lands, and thereby they have encroached the public lands. Hence, in the said order it has been stated that they have to appear before the Circle Officer failing which encroachment shall be removed by the Government machinery.

¶8

Patna High Court CWJC No.11038 of 2013 (2) dt.20-06-2013

¶9

2/3

¶10

Learned counsel for the petitioners submits that before issue of this impugned order, no notice was given to the petitioners to show cause as to how they were claiming their right and possession to continue on the land which is admittedly a public land.

¶11

From the said order it does not appear that any notice was issued to the petitioners earlier. But from the order it appears that earlier petitioners were also removed from the land in question pursuant to a land encroachment proceeding but they had put up huts again.

¶12

Be that as it may, principles of natural justice, which is inherent in the actions of the authorities, requires that before passing any adverse order or before giving any finding likely to affect a party, an opportunity to be heard has to be given to the party concerned.

¶13

In the circumstances, this writ application is disposed of with a direction to the petitioners to appear before the Circle Officer, Kanti, Muzaffarpur, positively within two weeks from today with their show cause, if any, and documents they propose to rely on, in defence of their right to continue on the land. Thereafter the Circle Officer shall fix up a firm date for hearing on the matter on which date petitioners shall appear and

¶14

Patna High Court CWJC No.11038 of 2013 (2) dt.20-06-2013

¶15

3/3

¶16

participate in the hearing. Thereafter the Circle Officer shall pass fresh reasoned orders in accordance with law considering thee defence of the petitioners. For this purpose, findings of the Circle Officer in the said order dated 06.05.2013, holding the petitioners as encroachers, shall be treated as quashed and no proposed action, as stated in the said order, shall be taken till fresh orders are passed.

¶17

(Jayanandan Singh, J)

¶18

B.T/-

Ganga Ram and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ganga Ram and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Raj Kumar Pswan and Ors. Vs the State of Bihar and Ors.

Md. Zakir Hussain Vs The State Of Bihar and Ors.

Abhimanyu Kumar Singh Vs The State Of Bihar and Ors.

Narain Prasad Singh Vs The State Of Bihar and Ors.

Pankaj Kumar Agrawal @ Pankaj Jajodia Vs The State Of Bihar and Ors.

Manoj Kumar Vs the State of Bihar and Ors.