Ram Chandra Pd. Yadav v. The State Of Bihar Through Sri Vivek Kumar Singh, Principal Secretary, Revenue And Land Reforms De

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.620 of 2018 In Civil Writ Jurisdiction Case No.4620 of 2016 ====================================================== Ram Chandra Pd. Yadav, Son of Late Sukhdeo Pd. Yadav, Resident of Village- Sherpur, P.S.- Nima Chandpura, Anchal and District- Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar through Sri Vivek Kumar Singh, Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2. Sri Naushad Yusuf, District Magistrate, Begusarai.

3. Sri Janardan Prasad, Sub- Divisional Officer, Begusarai.

4. Niranjan Kumar, Anchal Adhikari, Begusarai Sadar, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushal Kumar Singh, Advocate For the Respondent/s :

Mr. Fakhruddin Ali Ahmad, A.C. to AAG- 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-09-2018

1. Present contempt petition has been preferred for initiation of the contempt proceedings for non-compliance of the earlier order passed by this Court dated 19.09.2016 in C.W.J.C. No. 4620 of 2016 by not removing the encroachment of the land in question which is assessed as Government/public land.

2. Today, when the present petition is taken up for further hearing, a supplementary counter is filed on behalf of the respondents, affirmed by the District Magistrate, in which it is stated that now the encroachment on the land in question has been removed and, therefore, the order passed by this Court, of

Patna High Court MJC No.620 of 2018(8) dt.07-09-2018 2/2 which non-compliance is alleged, has now been complied with. 2.1. Learned counsel appearing on behalf of the respondents has stated at the Bar that the District Magistrate has already instructed the Police Officers of the concerned Police Station to see to it that the encroachment is not re-surfaced again.

3. Considering the fact that now the order passed by this Court, of which non-compliance is alleged, has been complied with, and considering the averments in the supplementary counter affidavit, we dispose of the present application accepting the unconditional apology tendered on behalf of the District Magistrate.

(Mukesh R. Shah, CJ) (Ashutosh Kumar, J) P.K.P./-R.S.Sen U