Chandeshwar Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4962 of 2018 In Civil Writ Jurisdiction Case No.4948 of 2017 ====================================================== Chandeshwar Prasad Sinha Son of Late Ramanand Prasad, resident of Village- Shripur Uttarwari, P.O.- Kabaiya, P.S.- Ghorasahan, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar and ors through Sri Tripurari Sharan, the Principal Secretary, Department Of Water Resources Development, Bihar, Patna. 2.

Sri Deepak Kumar, The Chief Secretary, Govt. of Bihar, Patna. 3.

Sri Bindeshwar Ram, The Engineer-in-Chief, Minor Water Resources Department, Bihar, Patna.

4.

Ranjeet Kant Gupta, The Executive Engineer, Minor Water Resources Department, Motihari Division, Bihar, Patna.

5.

Shri Raman Kumar, The District Magistrate, East Champaran, Motihari. 6.

Shri Gyan Prakash The Sub Divisional Officer, Dhaka, East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

Mr. Anjani Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 24-06-2023 None appears for the petitioner.

2. The present MJC is filed for non-compliance of the order dated 08.11.2017 passed in CWJC No. 4948 of 2017. Order dated 08.11.2017 reads as under:

"From the counter affidavit filed by the respondents, it seems that 134 persons who had encroached upon the area were identified and from para 6 onwards details have been given with regard to issuance of notice

Patna High Court MJC No.4962 of 2018(4) dt.24-06-2023 2/2 and action taken for removal of the encroachment. We are satisfied with the action taken by the State Government and direct that after removal of the encroachment as indicated in the counter affidavit, the remaining encroachment, for which action is to be taken, shall be removed, in accordance with law within a period of six months.

With the aforesaid, the application stands disposed of."

3. During pendency of the present MJC, remaining encroachment is stated to have been removed on 29.03.2019. Such statement is taken on record.

4. Accordingly, present MJC/contempt proceedings stands dropped.

(P. B. Bajanthri, J) ( Jitendra Kumar, J) GAURAV S./- U