Gita Devi v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3430 of 2017 In Civil Writ Jurisdiction Case No.12373 of 2014 ====================================================== Gita Devi, wife of Parmeshwar Ram, resident of Village- Krishna Nagar, New Abhanda, P.S.- Leharia Sarai, District- Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar Through The Chief Secretary, Govt. of Bihar, Patna.

2. Dr. Chandra Shekkar Singh, the District Magistrate, Darbhanga.

3. Pushpendra Kumar, the Deputy Collector Land Reforms cum Collector under the Land Encroachment Act, Darbhanga Sadar.

4. Dr. Gajendra Kumar Singh, the Sub Divisional Officer, Sadar, Darbhanga.

5. Rakesh Kumar, the Circle Officer, Darbhanga Sadar, Darbhanga.

6. Ram Kishore Sharma, the Officer in Charge, Leharia Sarai P.S., Darbhanga.

7. Leela Devi, wife of Ram Sharan Rai.

8. Yugeshwar Rai, son of Ramdeo Ram.

9. Murari Ram, son of Ramdeo Ram,

10. Prahlad Ram, son of Late Dwarika Ramdehi, Respondent No.- 6-8 are residents of Asfandiarpur, Near Kishan Nursery, P.S.- Leharia Sarai, DistrictDarbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul For the Respondent/s :

Mr. Khurshid Alam ( AAG 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-08-2018 Heard learned counsels for the parties.

The O.P. No. 5, Circle Officer, Darbhanga is present in Court.

The present application has been filed for initiation of contempt proceeding under the Contempt of Courts Act, 1971 against the O.P. No. 5 for willful violation of this Court's order dated 4.4.2017 passed in CWJC No. 12373 of 2014, whereby O.P. No. 5, Circle Officer, Darbhanga Sadar was directed to

Patna High Court MJC No.3430 of 2017(6) dt.29-08-2018 2/2 conclude the proceeding of Encroachment Case No. 24 of 2012 and to see that the final order is implemented. Show-cause has been filed on behalf of O.P. Nos. 2 to 5 stating therein that the final order passed in the aforesaid encroachment case has been implemented. Learned counsel for the petitioner does not controvert the aforesaid contention and submits that the encroachment has been removed from the land in question.

In view of the fact that the encroachment has been removed and thereby the order of this Court has been complied with, hence there is no need of proceeding in the matter. Personal appearance of the O.P. No. 5, Circle Officer, Darbhanga Sadar is dispensed with.

Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) anil/- U