Santosh Prasad Sah, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.382 of 2020 In Civil Writ Jurisdiction Case No.6936 of 2019 ====================================================== Santosh Prasad Sah, son of Jawahar Sah, resident of village Tadhawanandpur, P.S. Bairia, District West Champaran, Bettiah. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Nilesh Ramchandra Deore, the District Magistrate, West Champaran, Bettiah.

3.

Sri Anil Kumar the Circle Officer, Bairia, District West Champaran, Bettiah. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Md. Khurshid Alam, AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA and HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA) 15-12-2023 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. This petition has been filed for initiating a contempt proceeding against the opposite parties for gross violation or willful disobedience of order dated 08.04.2019 passed in C.W.J.C. No.6936 of 2019.

3. A show-cause has been filed on behalf of the opposite parties tendering their unconditional and unqualified apology for non-compliance of order on time, in which it has been stated that for compliance of the aforesaid order, a date i.e. 03.10.2023 was fixed for removal of the encroachment from the

Patna High Court MJC No.382 of 2020(6) dt.15-12-2023 2/2 land in question but due to non-availability of the force on the said date, encroachment was not removed. The Circle Officer, Bairia has submitted that on 05.10.2023 the writ petitioner filed a petition stating that the encroachers have themselves vacated their respective encroachment from the land in question and easy access has been provided to him and now he has no objection and for the same the public have also given their written consent. The Circle Officer, Bairia has further submitted that he got the fact verified through the Revenue Clerk & Revenue Officer, who have also reported that the encroachments of land in question were removed from the encroachers themselves and easy access has been provided to the writ petitioner. Thus, the order in question has been fully complied with.

4. Learned counsel for the petitioner submits that the aforesaid order has been complied with and he has no objection.

5. In view of the above, the contempt proceeding is, therefore, dropped.

6. Accordingly, this contempt petition is disposed of. (Arvind Srivastava, J) Harish/- (Sunil Dutta Mishra, J) U