Kanhaiyya Bhagat v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1092 of 2019 In Civil Writ Jurisdiction Case No.8001 of 2018 ====================================================== Kanhaiyya Bhagat Son of Late Rampreet Bhagat, resident of Raghunathpur Chamdagodam, North Gali No. 03, P.S. Motihari, District East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Revenue Department, Bihar, Patna 2.

Sri Raman Kumar, The District Magistrate, East Champaran 3.

Shri Rajnish Lall, The S.D.O., Sadar Motihari, District, East Champaran 4.

Shri Santosh Kumar, The Anchaladhikari (C,O,), Turkauliya, East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

None For the State :

Mr. Asif Kalim, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 20-06-2025 None appears for the petitioner.

2. This contempt petition has been filed alleging violation of the order dated 11.05.2018 passed in C.W.J.C. No. 8001 of 2018, wherein this Court had passed the following directions :

"In the circumstances, it is expected from the petitioner to submit an application before Respondent no.4, the Circle Officer, Turkauliya within a period of three weeks from the date of receipt/production of a copy of this order, whereupon Respondent no.4, the Circle

Patna High Court MJC No.1092 of 2019 dt.20-06-2025 2/3 Officer, Turkauliya will verify the Revenue Record, and if need be, conduct spot verification or get the measurement done, whereupon if it appears to him that the land/road in question is a public land then he will initiate a proceeding under the Act forthwith, if it has already not been initiated, and take such proceeding to its logical conclusion within a period of three months from its initiation, after giving due opportunity of hearing to all affected persons including the petitioner, in accordance with the provisions of law.

Accordingly, with the above observation and direction, the present writ application is disposed of."

3. Opposite Party Nos. 2 to 4 have filed the show cause, wherein, in paragraph No. 3 it has been stated as under: "3. That in compliance with order of the Hon'ble court encroachment case no. 6/2018 was initiated in the matter concerned. Report from the Revenue Clerk, Circle Inspector and Anchal Amin was called for. It was reported that the road running over the plot is not road of R.S. Khatiyan / Map. Brick soling work has been done over 12` running road which is found free from encroachment. No encroachment was reported. Accordingly the proceeding was

Patna High Court MJC No.1092 of 2019 dt.20-06-2025 3/3 dropped vide reasoned and speaking order dated 18.9.2018."

4. On perusal of paragraph No. 3 of the show cause filed by the Opposite Party Nos. 2 to 4, I find that the order dated 11.05.2018 passed in C.W.J.C. No. 8001 of 2018 has been complied with by the Opposite Parties.

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

(Nani Tagia, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23.06.2025 Transmission Date N.A.