IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14928 of 2009 RANGNATH SHARMA Versus THE STATE OF BIHAR & ORS ----------- 02. 19.01.2010 Petitioner is aggrieved by a notice contained in Annexure-5 dated 15th of September, 2009 issued by the Block Development Officer, Ratni, Faridpur, Jehanabad which notice was then corrected by the same Officer by notice dated 16th of November, 2009(Annexure-6) whereby petitioner has been directed to remove encroachment. Petitioner’s grievance is that as per the Bihar Public Land Encroachment Act, first a notice is required to be issued granting opportunity to the person to show cause as against the action proposed to be taken. Once such a notice is issued and a show cause is filed, after disclosing materials the parties are to be heard and ordered adjudicatory in nature has to be passed before action can be precipitated. The action sought to be taken in the present case is wholly de-horse the said act which nowhere permits a notice to be issued without a regular proceeding being instituted or parties being heard. In my view, as orders have already been passed by the Block Development Officer, petitioner must file a detailed application along with a copy of this order putting forth his defence against the alleged encroachment. The 2 Block Development Officer, apart from making measurement at site would consider other submissions as made by the petitioner and re-decide the matter till the matter is finally decided in the manner as indicated above. No further action shall be taken on basis of notice issued as contained in Annexure-5 and 6. With these observations, the writ petition stands disposed off. Shageer (Navaniti Prasad Singh, J)