Shambhu Kuvar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10826 of 2019 ====================================================== Shambhu Kuvar S/o Late Gaurishankar Kuvar R/o Village-Ratanpur, P.S.- Piprahi, District-Sheohar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate Sheohar 3.

The Sub-divisional Magistrate Sheohar 4.

The Deputy Collector Land Reforms, Sheohar 5.

The Circle Officer Piprahi, Circle-Piprahi, District-Sheohar 6.

The Officer-in-Charge Piprahi, District-Sheohar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-05-2019 The petitioner has filed the present writ petition for quashing of the notices dated 6.2.2019 and 20.02.2019, Annexure-1 series issued by the Circle Officer, Piprahi, DistrictSheohar. From the materials available on record, it appears that in the whole of the writ petition there is no reference that the petitioner has filed reply to the notices at Annexure 1 series to this application.

The Court in the facts of the case, is not inclined to entertain the present writ petition for reason that at the stage of notice entertaining writ petition would amount to entering at

Patna High Court CWJC No.10826 of 2019(2) dt.13-05-2019 2/2 premature stage. The notices were issued to provide opportunity of hearing. The writ petition is totally silent on the point that the petitioner has filed reply to the show cause notice as contained in Annexure-1 series. Without filing reply to the show cause notice, the writ court, in the considered view of this Court, is not a proper forum to decide the dispute once the petitioner has been granted the opportunity of hearing at the initial stage as is evident from Annexure-1 series.

However, in the peculiar facts and circumstances, the Court grants indulgence to the petitioner to file reply to the show causes, if not already filed, within a maximum period of 15 days from today failing which the respondents shall be at liberty to take decision/action in accordance with law. With the aforesaid liberty, the present writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U