Nirmala Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1565 of 2018 ====================================================== Nirmala Devi W/o Omprakash Kushawaha, R/o Vill Officer Colony, P.S. Bettiah Town Dist. W. Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Agriculture Department, Government of Bihar 2.

The District Magistrate, Bettiah Dist. West Champaran. 3.

The S.D.M. Bettiah Dist. West Champaran.

4.

The District Agriculture Officer, Bettiah, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Respondent/s :

Mr.Anant Pd. Singh, SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-07-2019 The present writ petition has been filed for quashing the notice dated 09.12.2013 passed by the District Agriculture Officer, Bettiah, District-West Champaran.

A bare perusal of the notice dated 09.12.2013 (Annexure-3 to the present writ petition), would show that the said notice is admittedly not addressed to the petitioner herein inasmuch as the said notice is addressed to five persons, amongst whom the name of the petitioner does not find place. Hence, admittedly the petitioner has got no cause of action to approach this Court, thus, the writ petition stands dismissed on the said sole ground itself.

Moreover, this Court finds that there is no justification

Patna High Court CWJC No.1565 of 2018(3) dt.30-07-2019 2/2 for challenging a notice of the year 2013 in the year 2018, belatedly and that too without either stating the present status of the encroachment proceedings or enumerating even a single ground so as to warrant quashing of the said notice dated 09.12.2013. Nonetheless, the present writ petition is fit to be dismissed on the sole ground of the petitioner having no locus standi or any cause of action to approach this Court, hence the writ petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U