Lauria Anchal Matasaijivi Sahyog Samiti Ltd. And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.722 of 2019 In Civil Writ Jurisdiction Case No.3427 of 2013 ====================================================== 1.

Lauria Anchal Matasaijivi Sahyog Samiti Ltd. and Anr through its Secretary, Birendra Choudhary, aged 64 years, male, resident of Malahi Tola, P.O.- Dhobini, P.S.- Lauria, District- West Champaran 2.

Birendra Choudhary S/o Late Babulal Choudhary resident of Malahi Tola, P.O.- Dhobini, P.S.- Lauria, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors Bihar 2.

Smt. Vijya Laxmi Principal Secretary, Department of Fisheries, Govt. of Bihar, Patna 3.

Sri Deepak Kumar Chief Secretary, Govt. of Bihar, Patna 4.

Sri Vinod Singh Gaijuwal Director, Fisheries, Govt. of Bihar, Patna 5.

Sri Nilesh Ramchandra Devar District Magistrate, West Champaran 6.

Sri Manish Kumar District Fishery Officer-cum-Chief Executive Officer, West Champaran, Bettiah 7.

Sri Chandan Chouhan Sub-Divisional Officer, Narkatiyaganj, Sub-Division, West Champaran 8.

Sri Chandan Prasad Circle Officer Lauria, Lauria, West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kanhaiya Pandey, Adv.

For the Opposite Party/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-02-2020 The instant petition filed on 16.02.2019 is listed for hearing for the first time today before the Court. The petition has been filed against highly contemptuous conduct of the opposite parties who despite knowledge of order dated 20.02.2013 passed in C.W.J.C.

Patna High Court MJC No.722 of 2019(3) dt.26-02-2020 2/2 No.3427/2013 by a learned Division Bench have deliberately and willfully has not complied the order of this Hon'ble Court in gross contempt of this Hon'ble Court.

This Court has already issued directions for removal of encroachments over water bodies and the Court in C.W.J.C. No.9692 of 2015 with analogous case, titled as Ram Punit Choudhary Vs. The State of Bihar & Ors. is monitoring the issue.

As such, we dispose off the present petition reserving liberty to the petitioners to approach the authorities, if so required and desired.

(Sanjay Karol, CJ) ( S. Kumar, J) pallavi/- U