Bal Chand Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2899 of 2013 In Civil Writ Jurisdiction Case No. 1117 of 2013 ====================================================== Bal Chand Paswan , son of Kishundeo Paswan Resident Of VillageBhagirath Patti, P.O- Damu, Police Station- Basopatti, District- Madhubani. .... .... Petitioner

Versus

1. The State Of Bihar Through Mrs Vandana Kirkiri The Divisional Commissioner, Darbhanga.

2. Mr. Lokesh Kumar Singh, The District Magistrate, Madhubani.

3. Mr. Gulam Mustafa, The Sub Divisional Officer, Jainagar, Madhubani.

4. Mr. Rohit Kumar, The Deputy Collector Land Reforms Jainagar, Madhubani.

5. Mrs. Rita Jha The Senior Deputy Collector Cum In- Charge Officer, District Revenue Section, Madhubani.

6. Mr. Ashwini Kumar Singh, The Circle Officer, Basopatti, Madhubani.

7. Mr. Radhe Shyam Singh, The Officer In Charge Basopatti, P.S And District- Madhubani.

8. Kusheshwar Sah , son of Late Kashi Ram Sah

9. Sukh Ram , son of Bindeshwar Sah Both Resident Of Village- Bhagirath Patti, P.O- Damu, Police StationBasopatti, District- Madhubani. .... .... Contemnors/Opposite Parties ====================================================== Appearance :

For the Petitioner :

For the Contemnors/Opposite Parties :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-01-2015 Heard learned counsel for the petitioner, learned AC to GA No. 10 as well as Sri Gopal Jha, learned counsel, who has appeared on behalf of opposite party no. 8 and 9. The present petition has been filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of willful disobedience to an order dated 18/1/2013 passed in CWJC No. 1117 of 2013. By the said order the writ

Patna High Court MJC No.2899 of 2013 (7) dt.29-01-2015 2/2 petition was disposed of with a direction to the District Magistrate, Madhubani, to get an enquiry held in respect of complaint of the petitioners regarding encroachment by private respondents of the writ petition.

In this case a show cause has been filed on behalf of opposite party no. 2 and in the show cause it has been indicated that in compliance with the order of the writ court an encroachment case was instituted and notices were issued. However, the noticee filed a writ petition before this court and by the order dated 25/7/2013 passed in CWJC No.13739 of 2013 this court has already passed an order restraining the respondents from disturbing the possession of the petitioners of the said writ petition, who are opposite party no. 8 and 9 in the present petition. Since in compliance with the order of the writ court steps were already taken by the opposite parties, the court is of the opinion that, at the moment, particularly, in view of stay order passed by this court in an another proceeding, there is no need to further proceed with the case.

The petition stands disposed of.

(Rakesh Kumar, J) Praful/- U