Quashed¶20

Ram Kumar @ Ram Kumar Bhagat v. The State Of Bihar

Patna HC15 Mar 2024CWJC/2413/2024

Case brief

AI extract

What is this about?

Bihar encroachment case quashed by Patna High Court; Circle Officer Purnea East; Encroachment Case No. 02/2018-19; order dated 12.09.2023 cryptic; show cause not considered; petitioner declared encroacher; liberty to pass fresh order in accordance with law; follow-up actions set aside; natural justice / hearing before declaration of encroachment; CWJC 2413 of 2024; Sandeep Kumar J.; decision date 15-03-2024.

What did the court decide?

Impugned order dated 12.09.2023 passed in Encroachment Case No. 02/2018-19 by the Circle Officer, Purnea East quashed; liberty given to the Circle Officer to pass a fresh order in accordance with law after hearing the parties and considering the show cause filed by the alleged encroachers; all follow-up actions pursuant to the quashed order set aside; application disposed of. ¶20

Ram Kumar @ Ram Kumar Bhagat Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2413 of 2024

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Ram Kumar @ Ram Kumar Bhagat S/o- Bhagwati Prasad Bhagat, R/o- G.F.1 Arun Barun Apartment, Hakimpara, Ward No.3, Near Ushashi Bhawan, P.S.Kotwali, District- Jalpaiguri, West Bengal.

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... ... Petitioner/s

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Versus

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The State Of Bihar Through Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

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The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

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The Collector, Purnea

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The Additional Collector, Purnea

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The Deputy Collector Land Reforms, Purnea East

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S.D.M. , Sadar, Purnea.

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Circle Officer, Purnea East.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Wasi Mohammad For the Respondent/s : Mr.Government Pleader ( 18) ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 15-03-2024 Heard the parties.

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By the order dated 12.09.2023, the petitioner has

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been declared encroacher.

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The order dated 12.09.2023 is a cryptic order in which the show cause of the petitioner has not been considered and the petitioner has been declared encroacher.

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In these circumstances, the order dated 12.09.2023 passed in Encroachment Case No. 02/2018-19 by the Circle Officer, Purnea East, cannot be sustained and is hereby quashed

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Patna High Court CWJC No.2413 of 2024(2) dt.15-03-2024 2/2

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with liberty to the Circle Officer, Purnea East, that he can pass an order in accordance with law after hearing the parties and

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considering the show cause filed by the alleged encroachers.

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