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2013 DIGILAW 850 (JHR)

Nazhal Parween v. State of Jharkhand

2013-07-16

P.P.BHATT

body2013
Judgment Petitioner by way of filing the present petition under Article 226 of the Constitution of India has prayed for issuance of an appropriate writ for quashing and setting aside the notice dated 24.12.2012 which was served upon the petitioner on 23.03.2013 passed in Encroachment Case No.03 of 2012-13 by the respondent No.2, whereby the respondent No.2 has noticed to the petitioner to comply the order passed under Clause (C) of Sub Section (1) of Section 5 of the Bihar Public Land Encroachment Act, 1956 for removal of encroachment from Plot No.1392 of Area 0.02 and 0.04 of village Kapali, Thana No.332, P.S. Chandil, District Saraikella, Kharsawan. 2. Heard the learned counsel for the petitioner as well as respondents. Perused the materials placed on record. 3. It appears that the petitioner has approached this Court against the notice issued under Sub-Section 2 of Section 6 of the Bihar Land Encroachment Act, 1956. 4. On perusal of the said notice, it transpires that the petitioner was called upon to appear before the Circle Officer, Chandil on 21.09.2012. But, according to the petitioner he has not received copy of the said notice and, therefore, he could not remain present on the date fixed by the Circle Officer, Chandil. Subsequently, the petitioner received the copy of the notice from the office of Circle Officer, Chandil. According to learned counsel for the petitioner after obtaining copy of the show cause the petitioner has not filed any explanation in response to the said show cause notice. It appears that Circle Officer, Chandil has not given any another date to give response in pursuant to the said show cause notice. It appears that ex-parte proceedings has been taken out by the Circle Officer, Chandil and the petitioner was asked to comply with the order within a period of seven days from the date of notice issued under Sub- Section (2) of Section 6 of the Bihar Public Land Encroachment Act, 1956. 5. It appears that ex-parte proceedings has been taken out by the Circle Officer, Chandil and the petitioner was asked to comply with the order within a period of seven days from the date of notice issued under Sub- Section (2) of Section 6 of the Bihar Public Land Encroachment Act, 1956. 5. Under the circumstances, it appears that the said order has been passed without following the principles of natural justice and due and established procedure of the law and, therefore, the notice issued under Sub-Section 2 of Section 6 of the Bihar Public Land Encroachment Act, 1956 dated 24.12.2012 is required to be quashed and set aside and the petitioner is required to be given an opportunity of being heard before final decision is taken since the petitioner has not been heard in pursuant to show cause notice. 6. Accordingly, the said notice issued on 24.12.2012 (Annexure-4/A) under Sub- Section (2) of Section 6 of the Bihar Public Land Encroachment Act, 1956 is ordered to be quashed and set aside. The Circle Office, Chandil shall issue fresh notice under Section 3 of Bihar Public Land Encroachment Act, 1956 to the petitioner. 7. The Circle Officer, Chandil shall issue notice within one month from the date of receipt of a copy of order passed by this Court. The Circle Officer, Chandil may serve notice upon the petitioner indicating date and time for appearance and thereafter, the petitioner shall appear in response to the said notice on the date fixed by the Circle Officer, shall also co-operate in the proceedings. The Circle Officer shall also after affording him a reasonable opportunity, take decision and the same shall be conveyed to him in writing. 8. With aforesaid observations and directions, the writ petition stands disposed of.