A landholder held to be an encroacher under the Bihar Public Land Encroachment Act, 1956 challenged the Circle Officer's order on the ground that his show cause was not considered. The court agreed, quashed the order and remitted the case for fresh hearing after notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1446 of 2024
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Rajesh Kumar @ Rajesh Sharma Son of Late Parshuram Sharma @ Parshuram Singh, Resident of Village- Kamta, P.S.- Hilsa, District- Nalanda.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Bhola Kumar For the Respondent/s : Mr.Standing Counsel 6 ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 21-02-2024 Heard the learned counsel for the parties.
dated 28.07.2023 passed by the Circle Officer, Hilsa, Nalanda by which the the Encroachment Case No. 02 of 2018-19 has been disposed of and the petitioner has been held to be an encroacher under the Bihar Public Land Encroachment Act, 1956.
the petitioner that a show cause was filed by the petitioner
Patna High Court CWJC No.1446 of 2024(2) dt.21-02-2024 2/3
pursuant to the order of this court passed in C.W.J.C. No. 17522 of 2018.
Patna High Court CWJC No.1446 of 2024(2) dt.21-02-2024 3/3
(Sandeep Kumar, J)
Shishir /-
U
2 issues framed by the court
Whether the Circle Officer's encroachment order could stand when the petitioner's show cause was not considered.
Whether the petitioner should be relegated to the appellate remedy instead of writ relief.
1 provisions across 1 enactments
Rajesh Kumar @ Rajesh Sharma
The State of Bihar
The District Magistrate-cum-Collector, Nalanda
The Sub-Division Officer, Hilsa, District- Nalanda
The Deputy Collector of Land Reforms, Hilsa, District- Nalanda
The Circle Officer, Hilsa, District- Nalanda
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
