← Library
Patna High CourtCWJC/2283/2024disposed

Rajeshwar Pandey v. The State Of Bihar

2024-03-15Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2283 of 2024 ====================================================== Rajeshwar Pandey S/o Late Kapil Pandey @ Kapildev Pandey, resident of Village-Kusumhara, Post-Bisenikala, P.S.-Rajpur, District-Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The Divisional Commissioner Patna Division, Patna. 3.

The Collector Cum District Magistrate, Rohtas at Sasaram. 4.

The Superintendent of Police, Rohtas at Sasaram. 5.

The Sub Divisional Magistrate, Bikramganj, District-Rohtas. 6.

The Deputy Collector Land Reforms, Bikramganj, District-Rohtas. 7.

The Circle Officer, Akorhi Gola, District-Rohtas. 8.

The S.H.O. Rajpur Police Station, District-Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Fakhrudding Ali Ahmad Mr. Md. Tauqueer Azhar For the Respondent/s :

Mr. Standing Counsel 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-03-2024 Heard the parties.

2. By the order dated 18.10.2023, the petitioner has been declared encroacher.

3. The order dated 18.10.2023 is a cryptic order in which the show cause of the petitioner has not been considered and the petitioner has been declared encroacher.

4. In these circumstances, the order dated 18.10.2023 passed in Encroachment Case No. 01/2023 by the Circle

Patna High Court CWJC No.2283 of 2024(2) dt.15-03-2024 2/2 Officer, Akorhi Gola, Rohtas cannot be sustained and is hereby quashed with liberty to the Circle Officer, Akorhi Gola that he can pass an order in accordance with law after hearing the parties and considering the show cause filed by the alleged encroachers.

5. This application is disposed of.

6. All follow up actions pursuant to the illegal order which has been quashed are also set aside.

(Sandeep Kumar, J) Saif/- U