Ram Pratap Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1122 of 2020 In Civil Writ Jurisdiction Case No.19758 of 2019 ====================================================== Ram Pratap Ray (Male), aged about 37 years, S/o Sri Yadu Bansh Ray Resident of Village- Kori, P.S.- Dinara, District- Rohtas 802215. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar. 2.

Vivek Kumar Singh, The Principal Secretary, Land, Reforms Department, Patna.

3.

Pankaj Dixit, District Magistrate, Rohtas.

4.

Vijayant, Sub- Divisional Officer, Bikramganj, District- Rohtas. 5.

Vasuki Nath Singh, Circle Officer, Dinara Block, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Pratap, Adv.

For the Opposite Party/s :

Mr. Khurshid Alam, AAG-12 Ms. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 08-02-2021 Heard learned counsel for the petitioner and counsel for the State.

The present contempt application has been filed for initiation of contempt proceeding against the opposite parties for willful and deliberate violation of the order of this Court dated 25.09.2019 passed in CWJC No. 19758 of 2019 directing the respondent no.5 to initiate a proceeding of encroachment under Bihar Land Encroachment Act and if it found that there is an encroachment over the land, the same should be removed within

Patna High Court MJC No.1122 of 2020(4) dt.08-02-2021 2/2 a period of six months.

The aforesaid order dated 25.9.2019 was related to Khesra No. 1024, Khata No.149, Mauza Kori, Rohtas which was encroached upon by altogether 81 persons. The State has filed its show-cause stating that so far Khesra No. 1024, Khata No.149, Mauza Kori is concerned, the encroachers have been removed from the said Khesra. So far other Khesras are concerned which are also water channel, they have issued notices to the encroachers and they will also be removed from the water channel so that there will be no hurdle in free flow of water for the irrigation purpose. We hopes and trust that the authority will carry out the order as per affidavit made in the show-cause within a period of four months from today. We are making it clear that so far as the earlier orders are concerned, no case for contempt is made out against them.

Accordingly, this contempt application stands disposed of.

(Shivaji Pandey, J) ( Partha Sarthy, J) rishi/- U