Indushekhar v. Amir Subhani, The Principal Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.680 of 2019 In Civil Writ Jurisdiction Case No.18874 of 2017 ====================================================== Indushekhar S/o Late Wakil Singh Resident of Village-Ghosaith, P.S.-Piri Bazar, District-Lakhisarai.

... ... Petitioner/s

Versus

1.

Amir Subhani, the Principal Secretary General Administration Department Government of Bihar, Patna 2.

Shovendra Chaudhary (The District Magistrate Lakhisarai) Bihar 3.

Kartikey Sharma (The Superintendent of Police, Lakhisarai) Bihar 4.

Murli Prasad Singh (Sub Division Officer, Lakhisarai Sadar, District Lakhisarai) Bihar 5.

Abhishek Kumar Prabhaker (The Block Development Officer Surajgarha District Lakhisarai) 6.

Sumit Kumar Anand (the Circle Officer, Surajgarha Anchal, District Lakhisarai) 7.

Santosh Kumar Sinha (The S.H.O. of Piri Bazar Police Station, District Lakhisarai) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Prabhat Kumar Verma (Aag3) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-11-2019 The petitioner, through the instant application has prayed the following relief:

"For issuance of a Rule of contempt against the respondents names above for his wilful disobedience to the order dated 10.07.2018 passed in C.W.J.C. No.

18874 of 2017 by Hon'ble Chief Justice

Patna High Court MJC No.680 of 2019(4) dt.28-11-2019 2/3 Rajendra Menon and Hon'ble Mr. Justice Rajeev Ranjan Prasad by which his Lordships has been pleased to direct the respondents no.7 the Circle Officer Surjgarha within the District of Lakhisarai to register a case on the petition of the petitioner under the Bihar Public Land Encroachment Act, 1956 and same should be disposed off within the period of six months."

The direction contained in the order dated 10.07.2018 passed by this Court in C.W.J.C. No. 18874 of 2017 (Indushekhar vs. the State of Bihar and Ors.) reads as follows:- "Keeping in view the grievance of the petitioner pertaining to encroachment on a public road in a market are, it is directed that on petitioner filing a certified copy of this order along with a detaled representation, respondent no.7, the Circle Officer, shall register the same s a case under the Bihar Public Land Encroachment Act, 1956, issue notice to all concerned, hear them and after following due process of law pass appropriate orders with regard to the encroachment in question preferably within a period of six months."

It is not in dispute that now encroachment proceeding has been initiated and as such the present proceeding stands

Patna High Court MJC No.680 of 2019(4) dt.28-11-2019 3/3 disposed of with a direction to the authorities to take the matter to its logical end within a period of three months from today. With the aforesaid liberty, the present application stands disposed of.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U