Vinod Jha v. State of Bihar through the Commissioner Tirhut Commissionary, Muzaffarpur
2012-06-28
V.N.SINHA
body2012
DigiLaw.ai
ORAL ORDER Heard learned counsel for the petitioner and the State. 2. Petitioner is occupying plot no.3003 appertaining to khata no.1247 measuring an area of 1125 square meters. He has filed this writ petition questioning the notice issued by the Circle Officer, Nanpur dated 25.05.2012, Annexure-3 whereunder Circle Officer has asked the petitioner to remove his construction from the aforesaid plot. 3. It is submitted on behalf of the petitioner that before issued of notice Annexure-3 petitioner was not given any opportunity of being heard and has been asked to remove the construction from the plot in question under the impugned notice. 4. Learned counsel for the State submits that the lands in question is a thoroughfare over which petitioner has raised some construction, as such, he has been asked to remove the same by the Circle Officer for ensuring smooth movement of the public on the lands in question. 5. Let petitioner appear before the Circle Officer, Nanpur along with a copy of this order on 2.7.2012, who should consider the nature of the land as shown in the khatiyan and pass appropriate reasoned order in the matter. Until appropriate reasoned order in the matter is passed by the Circle Officer in the light of the case of the petitioner, as stated in his representation dated 13.06.2012, Annexure-4, no coercive step be taken against him. 6. The writ application is, accordingly, disposed of. 7. Let this order be communicated to the District Magistrate, Sitamarhi through fax on payment of usual charges by the petitioner with request to the District Magistrate to communicate this order to the Circle Officer, Nanpur through special messenger, cost whereof should be borne by the petitioner.