Patna High CourtMJC/836/2014disposed

Parmeshwar Tiwari v. The State Of Bihar And ORS

2015-02-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.836 of 2014 IN Civil Writ Jurisdiction Case No. 8476 of 2012 =========================================================== Parmeshwar Tiwari, son of Late Raghubir Tiwari, resident of village Sheorajpur, P.O. Mustafabad, P.S. + Anchal - Goreyakothi, District- Siwan. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Devesh Sahra, the District Magistrate- Cum- Collector, Siwan.

3. Vivek Kumar, the Superintendent of Police, District- Siwan.

4. Manoj Kumar, the Sub Divisional Magistrate, Maharajganj District- Siwan.

5. S.N. Rajak, the Circle Officer, Goreyakothi, District Siwan.

6. Rabindra Modi, the Officer-in- Charge, P.S. Goreyakothi, District- Siwan. .... .... Opposite Parties.

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

For the Petitioner : Dr. Mankeshwar Tiwari, Advocate. For the State : Mr. AC to GA-14. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 23-02-2015 -------------- The present contempt application has been filed asserting the non compliance of the order dated 21.02.2013 passed in C.W.J.C. No.8476 of 2012. Vide order dated 21.02.2013 passed in C.W.J.C. No.8476 of 2012, the following observation was made:

"Be that as it may, after some arguments, learned counsel for the petitioner submits that the petitioner proposes to file a representation before the District Magistrate-cum-Collector, Siwan (respondent no.2) for taking appropriate steps in the matter.

In this view of the matter, this writ application need not proceed further. The same stands disposed of."

Patna High Court MJC No.836 of 2014 dt.23-02-2015 2/2

2. Learned AC to GA-14, appearing on behalf of the State, submits that in compliance of the order under contempt, the representation of the petitioner was forwarded by the opposite party no.2, District Magistrate-cum-Collector, Siwan, to the opposite party no.5, the Circle Officer, Goreyakothi, District-Siwan, vide Memo No.979 dated 16.04.2013 for necessary action. Thereafter, the opposite party no.5, the Circle Officer, Goreyakothi, District-Siwan, proceeded with the representation of the petitioner and after measurement, the lands, as detailed in pagraph-4 to the show cause filed on behalf of the opposite party nos.2, 4 and 5, were found to be "Raiyati". Accordingly, the Circle Officer, Goreyakothi, DistrictSiwan, vide order dated 17.07.2013 dropped the encroachment proceedings of the case, which would appear from Annexure-„C‟ to the show cause filed on behalf of the opposite party nos.2, 4 and 5.

3. Since the order under contempt has been complied with by the concerned opposite parties, no further action is required to be taken against the concerned opposite Party(s). Accordingly, this application stands disposed of.

(Rajendra Kumar Mishra, J) P.S./- U