Umakant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6388 of 2020 ====================================================== Umakant Yadav Son of late Dashrath Yadav, resident of village- Saidpur, P.s.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna 2.

The District Collector, Khagaria 3.

The Addl. District Collector, Khagaria 4.

The D.C.L.R. Khagaria 5.

The Circle Officer, Mansi, District- Khagaria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Respondent/s :

Mr.Sajid Salim Khan ( SC 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-03-2021 1.

The present writ petition has been filed seeking the following reliefs :- "(i) For issuance of a writ of certiorari or any other appropriate writ order or direction for quashing the notice contained in DB No.

621 dated 23.10.2019 in Jamabandi Cancellation Case No. 152/2019 issued by the respondent Additional Collector, Khagaria by which a proceeding for cancellation of Jamabandi no. 1376 running in the name of petitioner has been initiated without assigning any rhyme and reason.

(ii) For issuance of any other appropriate order or direction restraining the respondent from interfering in the peaceful possession and occupation of the petitioner in respect of land-in-question.

Patna High Court CWJC No.6388 of 2020(2) dt.18-03-2021 2/2 (iii) For issuance of an appropriate writ order or direction for grant of ad-interim stay of the further proceeding of the Jamabandi Cancellation Case no. 152 of 2019."

2.

At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file reply to the show cause notice dated 23.10.2019, issued to the petitioner, inasmuch, till date, the final order has not been passed in the pending Jamabandi Cancellation Proceedings i.e. Jamabandi Cancellation Case no. 152 of 2019.

3.

Accordingly, the present writ petition stands disposed of as not pressed, however with liberty to the petitioner to file requisite show cause reply within a period of four weeks from today, before the Additional District Collector, Khagaria in the on-going Jamabandi Cancellation Case No. 152 of 2019 and in case, such a reply is filed, the same shall be considered in accordance with law and the Additional District Collector Khagaria shall pass final orders after granting an opportunity of personal hearing to the petitioner.

(Mohit Kumar Shah, J) rinkee/- U