Case brief
What is this about?
Patna High Court, CWJC No. 1451 of 2024, Sandeep Kumar, J., order dated 05-02-2024 (Mojamil Husen v. State of Bihar and others): writ seeking removal of encroachment over land of Khata No. 13, Khesra No. 4748 (28 decimal), recorded Gair Mazarua Malik, in Village Champapur, P.S. Ramgarhwa, District East Champaran. Encroachment-removal notice (Annexure III) issued by Circle Officer, Ramgarhwa to private respondent Nos. 5 and 6 held invalid because it carried no encroachment case number ('not a notice in the eye of law'). Court directed fresh proceeding with notice specifying alleged encroachment details and case number, hearing of parties, and decision in accordance with law; application disposed of accordingly. Keywords: encroachment notice validity; Circle Officer; Gair Mazarua Malik; fresh proceeding; East Champaran.
What did the court decide?
Directions to the Circle Officer, Ramgarhwa to initiate a fresh encroachment proceeding, issue notice to respondent Nos. 5 and 6 stating the details of the alleged encroachment and the case number, hear the concerned parties and decide the matter in accordance with law.