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Patna High CourtMJC/2122/2016dismissed

Smt. Jyotsna Mallick v. The Collector, Araria And ORS.

2016-12-07Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2122 of 2016 ====================================================== Smt. Jyotsna Mallick wife of Sri Kiran Shankar Mallick Resident of Chitragupta Nagar, Araria, P.S. Araria, District Araria, At present residing in Dwarka Dham, Sector-24, Dwarka, New Delhi. .... .... Petitioner/s

Versus

1. The Collector, Araria, namely Sri Himanshu Kumar Sharma

2. The Deputy Collector, Land Reforms Araria, namely Md. Kalimuddin

3. Anchal Adhikari, Araria, namely Abdul Hasan

4. State of Bihar.

.... .... Respondents-Opp.Parties.

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

For the Petitioner/s : Mr. Baleshwar Kamat For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-12-2016 Heard.

Actually, this is an application stating that the order passed on the contempt application being MJC No. 6547 of 2012 has not been complied with by the opposite parties. The aforesaid contempt application arose out of the order dated 24.02.2011 passed in CWJC No. 19221 of 2010. This Court, in order dated 15.01.2014, observed as under:- "It, thus, appears that the lands belonging to the petitioner has already been denotified. The contempt application, in my view, does not require further persuasion.

It is, accordingly, dismissed."

A supplementary show cause on behalf of the opposite party nos.1 to 3 has been filed enclosing therewith the

Patna High Court MJC No.2122 of 2016 (4) dt.07-12-2016 2/2 copy of an order passed in Jamabandi Correction case no. 1 of 2013-14. The opposite parties have further stated in para 14 as under:- "14. That the averments made in para no.13 is not true. It is humbly submitted that as per order in Jamabandi correction case no. 1/13-14 passed by the C.O., Araria vide communicated vide his letter no.-1005 dated 20.04.2014 correction in Jamabandi no.-571 has been made by the concerne Halka Karmachari."

Be that as it may, considering the order which this Court passed on the contempt application being MJC No. 6547 of 2012 (Annexure-2) and the other facts evidencing from the records, the present application merits to be dismissed. I order accordingly.

(Kishore Kumar Mandal, J) Shyam/- U