Sheo Kant Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4347 of 2014 In Civil Writ Jurisdiction Case No. 5317 of 2012 ====================================================== Sheo Kant Jha son of Late Brahmdeo Jha R/o Village Begumpur, P.S. Bada, District Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar through Department of REO

2. Ms Dipa Tripathy, the District Magistrate, Begusarai

3. Dr. Kaushal Kishor, the District Development Commissioner, Begusarai

4. Hemant Kumar Verma, the Executive Engineer, REO (MG-NREGA), Begusarai

5. Kumud Ranjan, the Block Development Officer, Khodamandpur, Begusarai

6. Bhushan Mishra, the Programme Officer, MG-NREGA, Khodamandpur, Begusarai .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ravindra Kumar @ Ravindra Kr Rai For the Respondent/s : Mr. Sunil Kr. Mandal, S.C.-3 Ms. Neelam Kumari, A.C. to S.C.-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-07-2018 The petitioner has complained regarding non-compliance of the order dated 21.10.2014 passed in CWJC No. 5317 of 2012, whereby and where under the authorities were directed to withdraw themselves from the entire land in question and restore the same to its original shape by removing the road.

The learned Standing Counsel No. 3 Shri Sunil Kumar Mandal, appearing for the State, has submitted, by referring to his show cause reply and other photographs annexed to the show cause reply, that the road in question has been removed and the land has been restored. Per contra, the learned counsel for the petitioner submits that

Patna High Court MJC No.4347 of 2014 (11) dt.27-07-2018 2/2 till date the land has not been restored to its original shape. In view of the aforesaid submissions made by the learned counsel for the respective parties, this Court is of the opinion that since the State has already relinquished its right over the land in question by abandoning the road, there is no impediment in the petitioner acquiring the same in case he is having a valid title to the same. Thus the present contempt petition does not require any further deliberation. Accordingly, the present contempt petition is disposed of. (Mohit Kumar Shah, J) S.Sb/- U