Patna HC dismissed a writ application as premature because the petitioner challenged a notice without first filing a show cause reply before the Circle Officer.
Writ application dismissed as premature.
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Patna High Court CWJC No.6732 of 2013 (3) dt.20-06-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6732 of 2013
.... .... Petitioner/s Versus 1. The State Of Bihar Through Chief Secretary, Bihar, Patna 2. The District Magistrate - Cum - Collector, Kishanganj 3. The Additional Collector, Kishanganj 4. The Sub - Divisional Officer, Sadar Sub - Division, Kishanganj, District - Kishanganj 5. The Deputy Collector Land Reforms, Sadar Sub - Division, Kishanganj, District - Kishangaj 6. The Circle Officer - Cum - Block Development Officer, Circle Office, Thakurganj, At And P.O. And P.S. Thakurganj, District - Kishanganj .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 3 20-06-2013 Petitioner has moved this Court only against a notice issued by the Circle Officer, Thakurganj dated 31.12.2012, a copy whereof has been annexed as Annexure-9. The notice required from him to file show cause. Admittedly, he has not filed any show cause and has rushed to this Court. Hence, this Court is not inclined to entertain this writ application. The same is dismissed as pre-mature.
However, it goes without saying that, in case the petitioner files a reply to the notice before the Circle Officer in reference to Annexure-9, the Circle Officer shall not take any
Patna High Court CWJC No.6732 of 2013 (3) dt.20-06-2013
coercive action against the petitioner till his reply is considered
and appropriate final orders are passed by him.
(Jayanandan Singh, J)
Arvind/-
1 issue framed by the court
Whether to entertain a writ application filed against a notice requiring the petitioner to file a show cause without having filed the reply.
Pankaj Kumar Agrawal
The State Of Bihar
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
