Ganga Nand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2792 of 2019 In Civil Writ Jurisdiction Case No.8895 of 2015 ====================================================== Ganga Nand Singh Son of Late Bhola Singh Resident of Village- Kumhari, P.O. Durgaganj, Police Station - Kadwa, District - Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar .

2.

Sri Brajesh Mehrotra The Secretary, Revenue and Land Reforms Department of Bihar, Patna.

3.

Miss Safina AN The Divisional Commissioner, Purnia Division, Purnia. 4.

Smt. Punam Kumari The District Collector, Katihar. 5.

Sri Pawan Kumar Mandal The Sub Divisional Officer Barsoi, District Katihar.

6.

Sri Khurshid Akram The Deputy Collector, Land Reform, Barsoi, District Katihar.

7.

Sri Birbal Varun Kumar The Circle Officer, Kadwa, District Katihar. 8.

Deenanath Jha Son of Late Kharag Mohan Jha Resident of Village Kumhari, P.O. Durgaganj, Police Station -Kadwa, District - Katihar. 9.

Ashok Jha Son of Deenanath Jha Resident of Village Kumhari, P.O. Durgaganj, Police Station -Kadwa, District - Katihar. 10.

Akhilesh Jha Son of Deenanath Jha Resident of Village Kumhari, P.O. Durgaganj, Police Station -Kadwa, District - Katihar. 11.

Rajesh Jha Son of Deennath Jha Resident of Village Kumhari, P.O. Durgaganj, Police Station -Kadwa, District - Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jibendra Mishra, Advocate For the Opposite Party/s :

Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 26-07-2023 The petitioner had filed a Public Interest Litigation giving rise to CWJC No. 8895 of 2015, which was disposed of

Patna High Court MJC No.2792 of 2019(3) dt.26-07-2023 2/2 in the light of the directions issued in case of Sanjay Jha Vs. The State of Bihar and Others reported in 2016 (1) PLJR 248.

2. The petitioner has filed the present application, raising grievance that the said order of this Court passed in CWJC No. 8895 of 2015 has been violated.

3. A show-cause reply has been filed on behalf of the State of Bihar, wherein it has been stated that an encroachment proceeding has been already initiated and further the private opposite parties have filed a Title Suit No. 01 of 2015 before learned Sub-Judge, Barsoi, wherein status-quo order was passed.

4. In our considered view, filing of the present contempt application, in the facts and circumstances of the case, is an abuse of the process of the Court.

5. This application is dismissed as misconceived. (Chakradhari Sharan Singh, J) (Khatim Reza, J) Nishant/ SankalpU