Dr. Abdul Bari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1023 of 2024 ====================================================== Dr. Abdul Bari Son of Md. Anisuddin, Resident of Line Bazar, Near Chhoti Masjid, P.S. - Khazanchi Haat, District - Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

District Magistrate -cum- Collector, Purnea.

3.

S.D.O., Sadar Purnea, Dist.- Purnea.

4.

Deputy Collector Land Reforms (in short DCLR) Purnea East, Dist.- Purnea. 5.

Block Development Officer, Purnea East, Dist.- Purnea. 6.

Circle Officer, Purnea East, Dist.- Purnea.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs/Ms. Anju Kumari @ Anju Narain, Advocate Mr. Umesh Kumar Roy, Advocate Mr. Anant Kumar Sinha, Advocate For the Respondent/s :

Mr. Standing Counsel (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-02-2024

1. This writ application has been filed for quashing the entire proceedings of Encroachment Case No. 02 of 2018-19 initiated by the Circle Officer, Purnea East including the orders dated 02.09.2023 and 05.10.2023 by which the order has been passed without hearing the petitioner.

2. The notice was issued to the petitioner on 14.03.2022 by the Circle Officer, Purnea East in Encroachment Case No. 02 of 2018-19. The order dated 14.03.2022 reflects that the petitioner appeared and filed his show cause. Thereafter

2/4 the case was fixed for further hearing on 30.04.2022. The order sheet further reflects that one order has been recorded on 02.09.2023 and the order has been passed by the Circle Officer, Purnea East.

3. The order dated 02.09.2023 passed by the Circle Officer, Purnea East reads as follows:- "

अभभलेखउपसथाभपत।भनरारभरतभतभथ कोअभरभनयमकीरारा-3 कीतहतकारणपृचछाहेतु सूचना भनरत की रई थी, उस आलोक मे अवैदकबजारारीकेदाराउपभसथतहोकरकारणपृचछा समभपरतभकयाहै।कारणपृचछाकेअवलोकनसेसपषट होताहैभकउनकेपासभूभमसेसंबंभरतउभचतदसतावेज नहीहै।खभतयानकेअनुसारउकतभूभमभबहारसरकार खातेकीहैभकसमजमीनभीदोहैजोसावरजभनकरपसे "

उपयोर

4. From the order, it appears that it is a nonspeaking order and the same has been passed without hearing the petitioner. Even the contentions raised in the show cause have not been discussed by the Circle Officer.

5. Any order without reasons is no order in the eye of law and moreover this order has been passed without hearing the petitioner and the consequential order has been passed on

3/4 05.10.2023.

6. Learned counsel for the State has tried to defend the order impugned which is 02.09.2023 but is not in a position to defend the same.

7. These kind of orders cannot be sustained by this Court.

8. This application is allowed and the order dated 02.09.2023 passed in Encroachment Case No. 02 of 2018-19 by the Circle Officer, Purnea East and the consequential order dated 05.10.2023 are hereby quashed.

9. The matter is remitted back to the Circle Officer, Purnea East who will issue afresh notice to the petitioner and will proceed in accordance with law i.e. he will hear the petitioner and then only he will pass a speaking order considering all the contentions raised by the petitioner. He cannot pass a two line order saying that show cause is not satisfactory and the petitioner has not been able to produce any document.

10. This application stands allowed with cost of Rs. 5,000/-.

11. The cost of Rs. 5,000/- shall be paid to the petitioner on the first date fixed in encroachment case.

4/4 Encroachment case will proceed only after the cost of Rs. 5,000/- is handed over to the petitioner by the Circle Officer, Purnea East.

(Sandeep Kumar, J) Shishir/- U