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1996 DIGILAW 2009 (SC)

State Of Bihar v. Shiv Shankar Singh

1996-10-23

M.K.MUKHERJEE, S.P.KURDUKAR

body1996
(1) LEAVE granted. Heard the learned counsel for the parties. (2) ON 30-3-1993 Central Coalfields Limited and two of its officers, the respondents herein, were served with a notice issued by the Divisional Forest Officer, Giridih Forest Division, calling upon them to appear before him and show cause why they should not be directed to remove encroachment from Plot No. 186 in Village Bermo, District Bokaro which, according to him, was a "public land". Assailing the notice the respondents moved a writ petition before the High Court which was allowed by an order dated 5-5-1993. The above order is under challenge in this appeal. (3) THE impugned order has got to be set aside as the High Court passed the same on a "prima facie" satisfaction that the plot in question was not a public land and not on proper appreciation of the merits of the respective cases of the parties. Indeed, in making the order the High Court first observed that "prima facie" there was no question of any encroachment of any public land and then set aside the notice with the following observations: "IN our opinion, therefore, the notice alleging encroachment over public land is prima facie misconceived and must be set aside." (emphasis supplied) (4) WHILE a "prima facie" satisfaction entitled the High Court to ask the respondents (the appellants before us) to show cause why the notice should not be quashed, but before quashing the same the High Court was required to consider the entire materials placed before it by the parties concerned and draw a conclusion that the notice was bad in law and/or on facts. (5) WE, therefore, set aside the impugned order and remit the matter to the High Court for its proper disposal in accordance with law. Till the matter is disposed of by the High Court, no action should be taken pursuant to the impugned notice.