Narendra Nandan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2166 of 2015 In Civil Writ Jurisdiction Case No. 9048 of 2013 ======================================================

1. Narendra Nandan Son of Late Ram Sharan Prasad Resident of Nohsua, Police Station - Ben, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri Vyas Ji Sonof Not Known to the Petitioner, the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna

3. Sri Kartik Son of Not Known to the Petitioner, the District Magistrate, Nalanda

4. Sri Subodh Kumar Son of Not Known to the Petitioner, the Circle officer, Ben, Nalanda

5. Vashdeo Prasad Son of Late Bhagirath Prasad Resident of village - Nohsa, Police Station Ben, District - Nalanda

6. Radhika Sinha D/o Late Anandi Prasad Resident of village - Nohsa, Police Station Ben, District - Nalanda

7. Subodh Prasad Son of Ayodhya Prasad Resident of village - Nohsa, Police Station Ben, District - Nalanda

8. Sachidanand Prasad Son of Late Nathun Lavan Kumar Resident of village - Nohsa, Police Station Ben, District - Nalanda .... .... Opp.Parties/ Contemnors.

====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Respondent/s : Mr. Sunil Kumar AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-09-2016 Heard.

The application alleges wilful/deliberate disregard/disobedience of the order dated 24.01.2014 passed in C.W.J.C. No. 9048 of 2013 (Annexure-1). The operative part of the order reads as under:- "Upon production of certified copy of the order before the Respondent Circle Officer along with an application the said

Patna High Court MJC No.2166 of 2015 (4) dt.07-09-2016 2/2 respondent, Circle Officer shall register a case under the Act and proceed to dispose of the same in accordance with law as quickly as possible preferably within four months from the date of initiation thereof."

A show cause is filed after service.

The counsel for the State submits with reference to the statements made in paragraph no. 6 as well as Annexures C, D and H that prior to disposal of the case, the opposite party had registered a proceeding under the relevant provisions of the Public Land Encroachment Act vide case no. 09 of 2012-13 in which notices were issued and an order under Section 6(2) of the Act has been passed. It is stated that these facts were not brought to the notice of the Court when the impugned order was passed. Be that as it may, considering the statements made in the show cause, I am satisfied that the opposite party has not wilfully and/or deliberately disregarded/disobeyed the order of this Court.

The contempt petition is dismissed.

(Kishore Kumar Mandal, J) Shyam/- U