Bindeshwar Prasad Kamat v. The State Of Bihar Through The Tirshart Kakol Ashok The District Magistrate, Madhubani And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3635 of 2017 In Civil Writ Jurisdiction Case No.469 of 2017 ====================================================== Bindeshwar Prasad Kamat son of Janak Kamat, Residence of Village- Teghra, P.O.- Teghara, Block- Babu Barhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Tirshart Kakol Ashok The District Magistrate, Madhubani and Ors 2.

The Abhilasa Kumari Sharma the Sub- Divisional Officer, Madhubani under District- Madhubani.

3.

The Abhinas Kumar Singh the L.R.D.C. Madhubani. 4.

The Jay Prakash the B.D.O. of Babubarhi under District Madhubani. 5.

The Satish Kumar the C.O. of Babubarhi under District Madhubani. 6.

Satyanarayan Yadav 7.

Rabindra Yadav 8.

Rajendra Yadav 9.

Raj Kumar Yadav All the 6 to 9 respondents are son of Braham Deo Singh. 10.

Nand Kishore Raj Yadav, son of Late Ramesh Yadav @ Khattar Yadav 11.

Ram Ashish Sah, son of Late Hajari Sah All residence of Village Barail, Post Office- Tegra, Block- Babu Barhi, District- Madhubani. 12.

Archana Nahta, Wife of Rakesh Nehta, Resident of Village- Khutauna, Post Office- Khutama, Block- Khutama, District- Madhubani. 13.

Sudha Kumari, Wife of Gyanchan Kumar, resident of Village- Barailchak (Ganpati Fuel), Post Office- Teghara, Block- Babubarhi, DistrictMadhubani. 14.

Haris Chandra Singh, Son of Baudhu Singh, Resident of Teghara, Post office- Teghara, Block- Babubarhi, District- Madhubani. 15.

Deo Narayan Singh, Son of Baudhu Singh, Resident of Teghara, Post officeTeghara, Block- Babubarhi, District- Madhubani. 16.

Baidhynat Sah, Son of late Ram Narayan Sah, Resident of Village- Barail Chak, Post Office- Teghara, Block- Babubarhi, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Narayan Mahto, Advocate For the Opposite Party/s :

Mr. Syed Ashfaque Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2025 Heard the parties.

Patna High Court MJC No.3635 of 2017(14) dt.06-05-2025 2/3

2. The present petition has been preferred for the followed relief(s):

"for compliance of the order dated 21.7.2017 passed by Hon'ble Mr. Justice Dinesh Kumar Singh (as his lordship then was) in CWJC NO. 469 of 2017 whereby the Hon'ble court was pleased to direct the Circle Officer Babubarhi to dispose the representation of the petitioner within a period of 4 weeks and if he comes to conclusion that the Public Road / Land has been encroached upon he is further directed to initiate a proceeding under Bihar Public Land Encroachment Act and after hearing all the affected persons disposed of the matter in accordance with the provision of the Act."

3. Pursuant to the last order passed by the Coordinate Bench, the District Magistrate, Madhubani as also the Superintendent of Police, Madhubani jointly remained present at the spot and by the joint signature vide memo no. 2295 dated 10.10.2022, they have recorded that in the light of the

Patna High Court MJC No.3635 of 2017(14) dt.06-05-2025 3/3 Encroachment Case no. 05/2016-17, the encroachment has completely been removed.

4. This Court has to accept the words of the highest authority sitting in the district. Both the District Magistrate, Madhubani and the S.P., Madhubani have jointly signed the document.

5. If the petitioner still has any grievance, he is at liberty to agitate the matter.

6. Granting liberty, the contempt petition stands disposed of.

(Rajiv Roy, J) Adnan/- U