Abhimanyu Kumar v. The State Of Bihar Through Shri Kumar Ravi, The Collector, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.470 of 2018 In Civil Writ Jurisdiction Case No.8915 of 2016 ====================================================== Abhimanyu Kumar Son of Sri Arjun Prasad Singh, resident of House of Madan Prasad Singh Retired Engineer, Road No. 13, infront of Shiv Kali Mandir, Rajendra Nagar, Police Station- Bahadurpur, Town and DistrictPatna. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Shri Kumar Ravi, The Collector, Patna and Ors 2.

Shri Kumar Ravi, the Collector, Patna.

3.

Shri Manu Maharaj, the Senior Superintendent of Police, Patna. 4.

Shri Lalan Mohan Prasad, the Superintendent of Police Rural, Patna. 5.

Shri Sajjan R., the Additional Collector, Barh, District- Patna. 6.

Shri Jay Kirshna Prasad, the Circle Officer, Mokama, 7.

Shri Avinash Kumar, the Officer-in-charge, Hathidah Police Station, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhu Prasun For the Opposite Party/s :

Mr.Md. Khurshid Alam - AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-09-2019 The present application has been filed for initiation of proceeding of contempt for willful and deliberate violation of this Court's order dated 29.08.2017 passed in C.W.J.C. No. 8915 of 2015, whereby liberty was given to the petitioner to submit fresh representation before the Circle Officer, Mokama whereupon if Circle Officer, Mokama would find that the land in question is a public pathway and the same has been encroached upon, then he would initiate a proceeding under

Patna High Court MJC No.470 of 2018(2) dt.19-09-2019 2/2 Bihar Public Land Encroachment Act and the same will be concluded within a period of three months, after giving due opportunity of hearing to all the affected persons of hearing. The show cause has been filed on behalf of opposite party nos. 2, 4 and 6 stating therein that the encroachment proceeding has been initiated being Encroachment Case No. 01/2017-18 and has been disposed of vide final order dated 20.04.2018.

Learned counsel for the petitioner submits that the proceeding has not been concluded in a proper manner. In view of this Court, the order of this Court has been substantially complied with. However, if the petitioner is aggrieved with the final order passed in Encroachment Case No. 01/2017-18, he is at liberty to challenge the same, if so advised, in an appropriate proceeding.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U