Chandrama Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3600 of 2013 In Civil Writ Jurisdiction Case No. 10789 of 2002 ====================================================== Chandrama Sah Son Of Jagar Nath Sah Resident Of Village- Chauraw, P.S. Gopalganj, District- Gopalganj .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector, Gopalganj- Krishna Mohan .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Respondent/s : Mr. Nirbhay K.Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 04-09-2015 Heard learned counsel for the parties.

This Court would not find the opposite parties in contempt, inasmuch as, learned counsel for the petitioner admits that pursuant to the direction given by this Court, the steps were taken by the Collector and his office for removal of encroachment on two occasions and in fact encroachments were also removed. In that view of the matter, if now again an encroachment has been made, this Court, having not issued any perpetual injunction, will not be inclined to atleast initiate any contempt proceeding, inasmuch as, the direction issued by this Court had earlier been complied. .

Nothing said in this order, however, shall come in the

Patna High Court MJC No.3600 of 2013 (2) dt.04-09-2015 way of the petitioner in approaching the Collector for getting the encroachment removed.

With the aforesaid observation this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U