Navi Rasul Saiphi v. The State Of Bihar Through The Principal Secretary, Department Of Land Revenue And Land Reforms, Go

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.354 of 2018 Arising out of Civil Writ Jurisdiction Case No.9571 of 2014 ====================================================== Navi Rasul Saiphi Son of Kadir Mian, Resident of Village- Kuarbathua, P.S.- Fulwariya, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Revenue and Land Reforms, Government of Bihar, Patna, namely Vivek Singh, S/o not known to the petitioner.

2.

Rahul Kumar, S/o not known to the petitioner, the District Magistrate, Gopalganj.

3.

Pramod Ram, S/o not known to the petitioner, The Sub-Divisional Officer, Hathua, District- Gopalganj.

4.

Ramanand Sagar, S/o not known to the petitioner, The Circle Officer, Fulwaris Circle, District- Gopalganj.

5.

Anil Ram, 6.

Manoj Ram, 7.

Santraj Ram, 8.

Brijbhar Ram, All sons of Tulsi Ram.

9.

Tulsi Ram, Son of Saryu Ram, All are resident of Village- Kotwan, P.S.- Fulwariya, District- Gopalganj. 10.

Shahid Mian, Son of Mulazim Mian, Resident of Village- Kuarbathua, P.S.- Fulwariya, District- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravin Kumar Verma, Advocate For the State :

Mr. Arun Kumar Bhagat, AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-09-2019 Heard learned counsel for the petitioner and learned AC to AAG 12 for the State.

2. On 03.09.2019, the Court had directed for the personal appearance of the District Magistrate, Gopalganj due to

Patna High Court MJC No.354 of 2018 dt.17-09-2019 2/2 non-compliance of the order dated 17.09.2015 passed in CWJC No. 9571 of 2014. However, indulgence was given that if the order was complied, the officer need not appear. Today, show cause has been filed on behalf of the District Magistrate, Gopalganj bringing on record photographs to indicate that the encroachment from the place in question has not only been demolished but the debris also removed and the public road has been restored to its original condition.

3. Having regard to the aforesaid, the Court finds that though the order has been complied with belatedly but the object has been achieved. The Court, thus, would not proceed in the matter relating to contempt. Moreover, apology has been tendered in the show cause personally affirmed by the District Magistrate, Gopalganj. Accepting the same, the application stands disposed off.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T