Patna High CourtCWJC/9154/2015disposed

Purushottam Kumar Saha v. The State Of Bihar And ORS

2015-09-09Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9154 of 2015 ====================================================== Purushottam Kumar Saha son of Haricharan Saha resident of Tegharia Sonarbasti, P.O.+ P.S. Kishanganj, District- Kishanganj .... .... Petitioner

Versus

1. The State of Bihar through the District Collector, Kishanganj.

2. The Executive Officer, Nagar, Parisad, Kishanganj.

3. Dilip Dhariwal , Son of Late Vijay Dhariwal resident of Loharpatti Road, P.O.+ P.S. Kishanganj, District- Kishanganj.

4. Amit Kumar Rai Son of Ashwani Rai resident of Hospital Road, P.O.+ P.S. Kishanganj, District- Kishanganj .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Satish Kumar Sinha, Advocate For the State : Mr. A.N. Pandey, AC to SC 1 For the Nagar Parishad: Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-09-2015 I have heard the parties.

It appears that the petitioner has moved this Court against the notice dated 29.05.2015 without appearing before the authority concerned along with his response to the notice issued upon him. Let the petitioner respond to Annexure 2 dated 29.05.2015 which should be considered by the competent authority in accordance with law and any action of vacating the encroachment etc. should only be taken by competent authority after consideration of the reply to the show-cause filed by the petitioner after granting reasonable opportunity of hearing to him and after passing a reasoned order following the procedure provided under the statute.

Patna High Court CWJC No.9154 of 2015 (2) dt.09-09-2015 This writ application stands disposed of.

Since this order has been passed in the presence of learned counsel for the petitioner and learned counsel appearing for the Kishanganj Nagar Parishad, he should immediately communicate the same to the concerned.

(Dr. Ravi Ranjan, J) SC/- U