Md. Mumtaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2755 of 2024 ====================================================== Md. Mumtaz Alam S/o Abdul Sattar, Resident of Village - Chhatiya, P.S- M Ranipatra, Distt - Purnia.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

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

3.

The Collector, Purnea.

4.

The Additional Collector, Purnea.

5.

The Deputy Collector Land Reforms, Purnea East. 6.

The S.D.M., Sadar, Purnea.

7.

Circle Officer, Purnea East.

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

For the Petitioner/s :

Mr.Wasi Mohammad For the Respondent/s :

Mr.Government Pleader 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-03-2024 Heard the parties.

2. By the order dated 12.09.2023, the petitioner has been declared encroacher.

3. 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.

4. 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 with liberty to the Circle Officer, Purnea East, that he can pass

Patna High Court CWJC No.2755 of 2024(2) dt.15-03-2024 2/2 an order in accordance with law after hearing the parties and considering the show cause filed by the alleged encroachers.

5. This application is disposed of.

6. All follow up actions pursuant to the illegal order which has been quashed are also set aside.

(Sandeep Kumar, J) Saif/- U