Tripurari Prasad Singh v. The State Of Bihar Through Collector, Lakhisarai And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1668 of 2015 In Civil Writ Jurisdiction Case No. 5085 of 2014 ====================================================== Tripurari Prasad Singh son of Late Yamuna Prasad Singh, Resident of Village- Jaitpur, P.S- Barahiya, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar through Collector, Lakhisarai

2. Manoj Kumar Singh, The District Magistrate, Lakhisarai.

3. Anjani Kumar, The Sub- Divisional Magistrate, Lakhisarai.

4. Ramdut Paswan, The Circle Officer, Barahiya, Lakhisarai.

5. Kamlesh Chaudhary, The Chief Engineer, Gramin Karya Vibhag, Patna.

6. Binay Kumar, The Secretary, Gramin Karya Vibhag, Vishwasaraiya Bhawan, Bailey Road, Patna.

7. Shashi Pd. Singh, The Superintending Engineer, Gramin Karya Vibhag, Munger Anchal, Munger.

8. Anil Kumar Sinha, The Executive Engineer, Gramin Karya Vibhag, Karya Pramandal Sheikhpura, Sheikhpura.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Narain, Sr. Adv. Mr. Parmanand Pd. Nr. Sahi, Adv.

For the Respondent/s : Mr. S.Raza Ahmad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-08-2017 Heard the parties.

While the State counsel submits with aid of photograph enclosed in the show cause that the road in question has been removed, from the land of the petitioner, this position is contested by learned counsel for the petitioner to submit that yet

Patna High Court MJC No.1668 of 2015 (3) dt.16-08-2017 the road is being used by public.

In my opinion, such contested nature of dispute cannot be examined in a contempt jurisdiction because each of the parties is relying on separate set of photograph in support of their stand. In such disputed nature of contest which entirely rests on factual position existing, no case for contempt is made out. The dispute is of civil nature for which the remedy for the petitioner would lie before an appropriate court of civil jurisdiction. The contempt application is, accordingly, disposed of.

(Jyoti Saran, J) Devendra/- U