Dr. Abdul Bari v. The State of Bihar
Case brief
What is this about?
Encroachment proceedings Bihar; Circle Officer Purnea East; Encroachment Case No. 02 of 2018-19; nonspeaking order quashed; order passed without hearing petitioner; show cause contentions not discussed; order without reasons is no order; speaking order direction; remand with afresh notice; cost Rs. 5,000 payable to petitioner; case proceeds only after cost paid; Patna High Court CWJC No.1023 of 2024; quasi-judicial order set aside; hearing/natural-justice defect in administrative order.
What did the court decide?
Writ application allowed; the order dated 02.09.2023 passed by the Circle Officer, Purnea East in Encroachment Case No. 02 of 2018-19 and the consequential order dated 05.10.2023 quashed; matter remitted to the Circle Officer to issue afresh notice, hear the petitioner and pass a speaking order in accordance with law; cost of Rs. 5,000/- imposed, payable to the petitioner on the first date fixed in the encroachment case, with the case to proceed only after the cost is handed over by the Circle Officer.