Nirbhay Prashant, Advocate, In- Person v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.691 of 2021 In Civil Writ Jurisdiction Case No.18059 of 2019 ====================================================== Nirbhay Prashant, Advocate, In- Person S/o- Bhagwan Dayal Tiwari, Resident of Village- Bhadwar (Nawadih), P.S.-Bagen Gola, District- Buxar, ... ... Petitioner

Versus

1.

The State of Bihar through Sri Sanjay Singh, S/o not known, the Principal Secretary Human Resources Development Dept., (Education Dept.), Govt. of Bihar, Patna.

2.

Sri Aman Samir S/o not known The District Magistrate, Buxar. 3.

Sri Devesh Kumar Chaudhary S/o not known the District Education Officer, Buxar.

4.

Sri Harendra Ram S/o not known the Sub-Divisional Magistrate, Dumraon, Buxar.

5.

Smt. Priyanka Kumari W/o not known the Circle Officer, Brahmpur, Buxar. 6.

The Station House Officer S/o not known Bagen Gola Police Station, Buxar. 7.

Baban Paswan S/o Late Bansropan Paswan Resident of Village- Bhadwar, P.S.- Bagen Gola, Buxar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Nirbhay Prashant, in person For the Opposite Party/s :

Mr. Sumant Kumar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) 08-12-2023 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. Learned counsel for the petitioner submits that earlier, this Court while disposing of CWJC No. 18059 of 2019, issued a direction to the Circle Officer, Brahmpur to pass an appropriate order in the encroachment proceeding and in case it is found that the land in question is in illegal possession of Mr.

Patna High Court MJC No.691 of 2021(6) dt.08-12-2023 2/2 Baban Paswan and the school building has been constructed but still the people are attempting to encroach upon the rest of the portion of the land.

3. From the submissions made at the Bar and the statements made in the show cause filed on behalf of O.P. Nos. 2, 4 and 5, this Court finds that the opposite parties have substantially complied with the order of this Court. We are, thus, not inclined to proceed with the contempt matter. It is dropped. It is, however, made clear that the opposite parties shall ensure that in terms of the order of the learned Writ Court, no encroachment takes place.

4. This application stands disposed of.

(Rajeev Ranjan Prasad, J) ( Partha Sarthy, J) SUSHMA2/- U