- (1.) Petitioner by way of filing the present petition under Article 226 of the Constitution of India has prayed for issuance of an appropriate writ for quashing and setting aside the notice dated 24.12.2012 which was served upon the petitioner on 23.3.2013 passed in Encroachment Case No, 3 of 2012-13 by the respondent No. 2, whereby the respondent No. 2 has noticed to the petitioner to comply the order passed under Clause (C) of sub-section (1) of Section 5 of the Bihar Public Land Encroachment Act, 1956 for removal of encroachment from Plot No. 1392 of Area 0.02 and 0.04 of Village-Kapali, Thana No. 332, P.S.-Chandil, District-Saraikella, Kharsawan. Heard the learned counsel for the petitioner as well as respondents. Perused the materials placed on record.
(2.) It appears that the petitioner has approached this Court against the notice issued under sub-section 2 of Section 6 of the Bihar. Land Encroachment Act, 1956.
(3.) On perusal of the said notice, it transpires that the petitioner was called upon to appear before the Circle Officer, Chandil on 21.9.2012. But, according to the petitioner he has not received copy of the said notice and, therefore, he could not remain present on the date fixed by the Circle Officer, Chandil. Subsequently, the petitioner received the copy of the notice from the office of Circle Officer, Chandil. According to learned counsel for the petitioner after obtaining copy of the show cause the petitioner has not filed any explanation in response to the said show cause notice. It appears that Circle Officer, Chandil has not given any another date to give response in pursuant to the said show cause notice. It appears that ex-parte proceedings has been taken out by the Circle Officer, Chandil and the petitioner was asked to comply with the order within a period of seven days from the date of notice issued under sub-section (2) of Section 6 of the Bihar Public Land Encroachment Act, 1956.;