Md. Mumtaz Alam v. The State of Bihar
Case brief
What is this about?
Patna High Court CWJC No.2412 of 2024, decided 06-03-2024 by Justice Sandeep Kumar (oral order); petitioner Md. Mumtaz Alam challenged the entire proceedings of Encroachment Case No. 02 of 2018-19 initiated by the Circle Officer, Purnea East, particularly the orders of 12.09.2023 and 05.10.2023. Held: order was non-speaking, passed without hearing and without discussing the show cause; an order without reasons is no order in the eye of law; both orders quashed; matter remanded for afresh notice, hearing and a speaking order; cost of Rs. 5,000/- imposed on the Circle Officer, payable to the petitioner before the case proceeds. Themes: natural justice, audi alteram partem, speaking order, quasi-judicial encroachment proceedings, cost sanction.
What did the court decide?
Order dated 12.09.2023 and consequential order dated 05.10.2023 passed by the Circle Officer, Purnea East in Encroachment Case No. 02 of 2018-19 quashed; matter remitted to the Circle Officer to issue afresh notice, hear the petitioner and pass a speaking order considering all contentions; costs of Rs. 5,000/- awarded to the petitioner, payable on the first date fixed, with the encroachment case to proceed only thereafter.