Patna High CourtMJC/1052/2014disposed

Kishun Rai v. The State Of Bihar And ORS

2015-01-21Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1052 of 2014 IN Civil Writ Jurisdiction Case No. 20984 of 2012 =========================================================== Kishun Rai, Son of Late Baldeo Rai, Resident of Village and Post Office - Faizullahpur, Police Station - Baikunthpur, District - Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Krishna Mohan, Collector, Gopalganj

3. Reyaz Ahmad Khan, Sub-Divisional Officer, Gopalganj

4. Shashi Verma, Circle Officer, Baikunthpur, District - Gopalganj

5. Sikandar Rai, Son of Late Jiwit Rai, Resident of Village and Post Office Faizullahpur, Police Station - Baikunthpur, District - Gopalganj .... .... Opp, Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Najmul Hoda, Advocate For the Opp. Party/s : Mr. Madhuresh Prasad, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 21-01-2015 In the light of the order of the High Court, counsel for the State has filed show cause on behalf of Circle Officer, Baikunthpur, Opposite Party No. 4, in Paragraph 6 whereof statement has been made that encroachment has been removed and to that effect Letter No. 628 dated 30.12.2014 has further been received. Counsel for the State also produced the photographs indicating that JCB machine has been used for removing the encroachment and it is said that now encroachment has been removed completely.

2. Let Circle Officer, Baikunthpur ensure that

Patna High Court MJC No.1052 of 2014 dt.21-01-2015 2/2 encroachment does not appear again. In case, encroachment appears again, petitioner should inform the Circle Officer, who should take remedial measure. In case, remedial measure is not taken by the Circle Officer, petitioner would be well advised to file another contempt petition with liberty to mention.

3. Contempt petition is, accordingly, disposed of.

4. Letter, photographs furnished by the counsel for the State are taken on record.

(V.N. Sinha, J) Rajesh/- U