Surendra Prasad Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.490 of 2019 In Civil Writ Jurisdiction Case No.8614 of 2018 ====================================================== 1.

Surendra Prasad Singh S/o Late Deo Narayan Singh 2.

Santu Kumar S/o Madan Mohan Singh, Both are resident of VillageSotichak, P.S. Fatuha, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sri Vyas Ji S/o Not known, the Principal Secretary, Revenue and Land Reforms Deptt. Govt. of Bihar Patna.

3.

Sri Kumar Ravi, S/o not known, the District Magistrate, Nalanda. 4.

Sri Suharsh Bhagat, S/o not known, the Sub Divisional Officer, Patna. 5.

Sri Shailesh Kumar Singh, S/o Not Known, the Circle Officer, Fatuha, Patna.

6.

Sri Shambhu Yadav, S/o Not known, the Officer-in-Charge, Fatuha, P.S. Patna.

7.

Sanjay Singh, S/o Late Prayag Singh 8.

Sonal Kumar, S/o Sanjay Singh, Both are resident of Village- Sotichak, P.S. Fatuha, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 11-04-2025 This contempt petition has been filed alleging violation of the order dated 16.05.2018 passed in C.W.J.C. No. 8614 of 2018, wherein this Court had passed the following order:

"In the circumstances, the Respondent no.5, the Circle Office, Fatuha is directed to examine the revenue records and if need be make spot

2/4 verification, whereupon, if he finds that public road/land has been encroached upon, then he will initiate a proceeding forthwith with regard to the land in question in accordance with the provisions of Act, if it has not already been initiated and take such proceeding to its logical conclusion within a pereiod of three months, by giving due opportunity of hearing to all affected persons including Respondent nos. 7 and 8 under the provisions of the Act.

The writ application is, accordingly, disposed of with the observation aforesaid."

2. Opposite Party Nos. 3 to 5 have filed the show cause. Opposite Party No.5 is the Circle Officer, Fatuha, Patna, who had been directed to examine the revenue records and if need be make spot verification. In the show cause filed by the Opposite Party Nos. 3 to 5, in paragraph Nos. 14 and 15 thereof it has been stated as under:

"14. That the Circle Officer, Fatuha after considering all the facts on record had passed order dated 28.09.20 (Annexure-G) in Encroachment case No.- 08/2018-19 whereby direction has been made to remove encroachment from the land in question otherwise it will be removed by the administration.

15. That the inspection of the land in question

3/4 was done by the Revenue Karmachari and it has been observed that the illegal encroachment of the 'palcka' house constructed on the said land has been removed. In this regard, the Revenue Karmachari has submitted report (Annexure-H) wherein it has been clearly stated that the encroachment from the land in question has been removed."

3. On perusal of paragraph Nos. 14 and 15 of the show cause filed by the Opposite Party Nos. 3 to 5, I find that the Circle Officer, Fatuha has passed order dated 28.09.2020 in Encroachment Case No. 08/2018-19, whereby a direction has been given to remove encroachment from the land in question. It has also been stated that the inspection of the land in question was done by the Revenue Karmachari and the Revenue Karmachari has submitted a report, wherein it has been stated that the encroachment from the land in question has been removed. A report of the Revenue Karmachari has also been annexed as Annexure-H to the show cause.

4. On perusal of paragraph Nos. 14 and 15 as well as the Annexure-H, annexed with the show cause, filed by the Opposite Party Nos. 3 to 5, I find that the order dated 16.05.2018 passed in C.W.J.C. No. 8614 of 2018 has been complied with by the Opposite Party Nos. 3 to 5.

4/4

4. Accordingly, the contempt petition stands closed and disposed of.

(Nani Tagia, J) Narendra/- U