Dinesh Narayan Jha v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3422 of 2016 In Civil Writ Jurisdiction Case No.3070 of 2015 ====================================================== Dinesh Narayan Jha son of Late Chaudhary Mahesh Narayan Jha resident of Village Baheri, Police Station Baheri, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Anr Bihar.

2.

Surjeshwar Shrivastava son of name not known to the petitioner at present Anchaladhikari Baheri Police Station- Baheri, District- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwanath Prasad Singh For the Opposite Party/s :

Mr.Gp21 Awanish Nandan Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-03-2019 Having regard to the limited scope of the contempt jurisdiction, the Court is not inclined to proceed any further in view of the law laid down by the Apex Court reported in (2006) 1 SCC 613 Union of India and Ors. Vs. Subedar Devassy and (2014) 3 SCC 373. However, liberty shall be available to the petitioner to challenge the legality and validity of the decision taken by the opposite party vide Annexure-A to the show cause and also raise the issue as to non-removal of the encroachment in appropriate proceeding in accordance with law. With the aforesaid liberty, the present application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U