IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.12375 of 2011 Nagendra Sharma, Son of Jai Ram Sharma, Resident of Naya Tola, Jehanabad, P.S.& District- Jehanabad. Versus 1. The State of Bihar 2. The District Magistrate, Jehanabad. 3. Sub-Divisional Officer, Jehanabad. 4. Circle Officer, Jehanabad. --------------------- 2. 02.08.2011 Heard learned counsel for the petitioner as well as learned counsel appearing for the State. The petitioner has come against the notice dated 15.07.2011 issued by respondent no. 4 by which he has been asked to vacate the house which has been built in which he is carrying on the business of Poultry Farm on plot no. 1756. The notice asked him to vacate the said plot by 22.07.2011 holding it to be an encroachment. Learned counsel for the petitioner submits that before the said notice was issued he had not been given any show cause or opportunity to explain his position with regard to occupation of the plot in question. He submits that the law, and even otherwise, required that there ought to be a show cause notice and the party given adequate opportunity to explain his position to the authority before such an order can be passed for either removal or demolition. In the present case that not having been done the notice under challenge cannot be 2 sustained. After hearing learned counsels for the parties, this Court finds that the notice cannot be sustained in as much as it straightaway holds the petitioner to be an encroacher without mentioning with regard to whether any show cause has been served upon him and whether he has replied to the same. There is categorical statement in the writ petition that no notice or any show cause has been served to the petitioner. Considering the facts and circumstances of the case the notice dated 15.07.2011 as contained in Annexure-4 to the writ petition stands quashed. However, the respondents are at liberty to initiate appropriate proceedings in accordance with law for any alleged encroachment and its removal. The writ petition stands allowed. Anand Kr. ( Ahsanuddin Amanullah, J.)