MD.JILANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioners and the counsel for the State.

(2.) IN this writ application the petitioners have assailed a notice dated 13.3.2000, as contained in Annexure 1, whereby and whereunder all that was communicated to the petitioners was that they should appear on 14.3.2001 for measurement of certain piece of land in order to determine as to whether there has been any encroachment on plot no. 1533, 1532 and 1452, as detailed in the notice itself. Prima facie for the relief of the nature seeking quashing an interlocutory order, the notice, the petitioner has to show only one thing that the notice was fully without jurisdiction or in excess of powers by the Bihar Public Land Encroachment Act or the proceeding was malafide. There is no denial to this fact that the notice has been issued by the Anchal Adhikari, who is the Collector under the Bihar Public Land Encroachment Act. There is also no denial to the aspect that such impugned order dated 13.3.2000 is only a further step in pursuance to the notice under Section 3 of the Bihar Land Encroachment Act dated. 7.2.2000.

(3.) FROM the conjoint reading of Annexure 11 the initial notice initiating the proceeding of Public Land Encroachment Case No. 3/1999 -2000 and its rejoinder by way of show cause filed by the petitioners on 19.2.2000 it would transpire that the plea which were raised by the petitioners required the Anchal Adhikari, the Collector under the Act, to get the measurement made. That is how the impugned order came to be passed.