The High Court quashed orders by the Circle Officer and District Magistrate regarding land encroachment, finding them passed without hearing the petitioner and ignoring submissions, violating natural justice.
Quashing of the orders dated 03.10.2023 and 04.05.2022 with liberty to initiate fresh proceedings in accordance with law.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17292 of 2023
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Arun Kumar S/o Sri Mathura Prasad R/o Village Sultanpur, P.S. Ekanger Sarai, Distt. Nalanda.
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rewti Kant Raman For the Respondent/s : Mr.Gyan Prakash Ojha ( Ga 7 )
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
3 06-02-2024
1 . This is an application for quashing the order dated 03.10.2023 passed by Collector-cum-District Magistrate, Nalanda in Land Encroachment Appeal No. 02 of 2022 and the order dated 04.05.2022 passed by the Circle Officer, Ekangar Sarai in Land Encroachment Case No. 39 of 2020-21.
2 . It has been submitted by the learned counsel for the petitioner that the original order passed by the Circle Officer is without hearing him.
3 . The fact of violation of principles of natural justice has not been denied by the State.
4 . In the appellate order, the Collector-cum-District Magistrate, Nalanda has not considered the submissions of the
Patna High Court CWJC No.17292 of 2023(3) dt.06-02-2024 2/2
petitioner.
5 . In these circumstances, this application is allowed and the order dated 03.10.2023 passed by Collectorcum-District Magistrate, Nalanda in Land Encroachment Appeal No. 02 of 2022 and the order dated 04.05.2022 passed by the Circle Officer, Ekangar Sarai in Land Encroachment Case No. 39 of 2020-21 are hereby quashed with liberty to the respondents to initiate a fresh proceeding in accordance with law.
6. This application stands allowed.
(Sandeep Kumar, J)
Shishir /-
U
1 issue framed by the court
Whether the land encroachment orders were passed in violation of principles of natural justice?
Arun Kumar
State of Bihar
Collector Cum District Magistrate, Nalanda
The Anchal Adhikari, Ekangar Sarai, Nalanda
Mukhia, Gram Panchayat Raj, Gomhar, Nalanda
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
