Ramjee Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13406 of 2022 ====================================================== Ramjee Paswan, s/o Late Bhumi Paswan, R/o Village-Chunapur, P.S.- Krityanand Nagar, District-Purnea (Bihar).

... ... Petitioner/s

Versus

1.

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

The Additional Member Board of Revenue, Bihar. 3.

The Collector, Purnea.

4.

The Deputy Collector Land Reforms, Sadar, Purnea. 5.

The Circle Officer, Kirtyanand Nagar, Purnea. 6.

Most. Chitrarekha Devi, W/o Late Baidnath Jha, R/o Village-Rasarh, P.S.- Banmankhi, District-Purnea.

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

For the Petitioner :

Mr. Subodh Kumar, Advocate For the State :

Mr. Rishi Raj Sinha, SC-19 Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2024 Heard learned counsels for the parties.

2. This writ application has been filed for quashing the notice dated 23.06.2017 issued to the petitioner in connection with Red Card Cancellation Case from the office of the Circle Officer, Krityanand Nagar, District- Purnea (Respondent No. 5) by which the petitioner has been directed to surrender the Red Card issued to him previously in connection with Case No. 34 of 1990-91, appertaining to Khata No. 842, Khesra No. 701/2, Area- 0.90 decimal, situated in Mauza-

Patna High Court CWJC No.13406 of 2022(2) dt.29-01-2024 2/3 Gowasi, P.S.- Krityanand Nagar, District- Purnea.

3. It is not the case of the petitioner that the impugned notice is without jurisdiction or against any rule or regulation.

4. It is settled law that ordinarily a writ application does not lie against a show cause for the reason that it does not give rise to any cause of action. It does not amount to an adverse order which affects the right of any party, unless the same has been issued by a person having no jurisdiction to do so. The writ lies when some right of the party is infringed. In fact show cause does not infringe the right of the party. It is only when a final order adversely affecting a party is passed, it may have a grievance and cause of action. In the present case, only notice has been issued from the office of the Circle Officer, Krityanand Nagar, District- Purnea (Respondent No. 5).

5. In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

6. The petitioner is directed to appear before the Circle Officer, Krityanand Nagar, District- Purnea (Respondent No. 5) and file his show case.

7. With the aforesaid observations and directions, this

Patna High Court CWJC No.13406 of 2022(2) dt.29-01-2024 3/3 writ application is disposed of.

(Prabhat Kumar Singh, J) shashank/- U