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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Md. Muzaffar Alam – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J. – In the instant writ petition, the petitioner has prayed for the following relief(s): –
“(i) For the issuance of an appropriate writ, order, direction to quash the notice dated 27.8.2018 issued under section 6(2) of Bihar Public Land Encroachment Act, 1956 in case No.18/ 17-18, by which and whereunder the Circle Officer, Rafiganj has directed the petitioner to remove the encroachment from the land pertaining to Thana No.735, Khata No.90, Plot No.914, Area 1170 Sq. feet till 20.10.2018 Annexure-4.
(ii) For the issuance of an appropriate writ in the nature of mandamus directing the respondents to get the land pertaining to Thana No.735, Khata No.90, Khesra/Plot No.914 and Khata No.4, Plot No.913 situated in village- Dhanawan Circle Rafiganj in presence of the petitioner and others.
(iii) For further direction to the respondents to allow the petitioner to engage a private Amin when the date of measurement of the land in question is fixed and information to this effect be also given to the petitioner to be present at the P.O.
(iv) For further direction to the respondents to keep the earlier measurements done in absence of the petitioner in abeyance till the out come o
Challenging a Show Cause Notice invoking a court's writ jurisdiction is premature and discouraged by the mandate of the law. A Show Cause Notice does not give rise to a cause of action unless there i....
The central legal point established in the judgment is the requirement for due process and enquiry before making a decision under the Act, 1956, and the right of the petitioner to file objections/rep....
The court affirmed that the petitioners failed to prove any right, title, or interest over the public land, validating the encroachment proceedings under the Bihar Public Land Encroachment Act.
Judicial review in writ proceedings does not cover merits unless the notice is issued by an incompetent authority, focusing on jurisdiction under the Tamil Nadu Land Encroachment Act.
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