Patna High Court
Pramod SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court ordered the respondents to comply with the S.D.O. order within four weeks or face contempt proceedings.
Summary
The petitioner, Pramod Singh, filed a writ petition seeking enforcement of an order dated 07.01.2025 issued by the Sub‑Divisional Magistrate, Barh, which directed the Circle Officer, Executive Officer of Nagar Parishad, and the S.H.O. of Bakhtiyarpur to remove a wall and staircase encroaching on the public passage used as the entrance to the petitioner's house. Despite the order, the three officials failed to comply, prompting the petitioner to approach the Patna High Court. The Court noted the delay in furnishing the order to the petitioner and observed that the respondents had not taken the required steps even after a year. It directed the respondents to comply with the S.D.O. order within four weeks of receiving the copy of the order, or to furnish a reasoned explanation for non‑compliance, and warned that failure to do so would attract contempt proceedings. The petition was subsequently disposed of.
Issues considered
- Did the respondents fail to comply with the Sub‑Divisional Magistrate's order for removal of the encroachment?
- Can the High Court direct the respondents to comply within a specified time and impose contempt for non‑compliance?
Subjects
- encroachment
- public passage
- writ petition
- contempt of court
- compliance order
- land revenue
- municipal authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3349 of 2026
======================================================
Pramod Singh S/o Late Paramhans Singh @ Prahlad Singh, Resident of
village- Saidpur, P.S.- Salimpur, District- Patna, Bihar. At present-village-
Mahmadpur, Ranisarai, Ward No. 27, P.O. and P.S.- Bakhtiyarpur, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Land Revenue and Land
reform Department, Patna.
2. The District Magistrate, Patna.
3. The Sub-Divisional Magistrate, Barh, Patna.
4. The Executive Officer, Nagar Parishad, Bakhtiyarpur, Patna.
5. The S.H.O., Bakhtiyarpur, Patna.
6. The Circle Officer, Bakhtiyarpur, District- Patna.
7. Vijendra Singh, Son of Late Ramcharitra Singh, Resident of Village-
Mahmadpur, Ranisarai, Ward No. 27, P.O. and P.S. - Bakhtiyarpur, District-
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Adv.
For the Respondent/s : Mr. Government Pleader (03)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-03-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
a. to direct the Respondents to
comply the order dated 07.01.2025 passed by
Sub-Divisional Magistrate, Barh, Patna
whereby whereunder the Circle Officer,
Bakhtiyarpur, the Executive Officer,
Bakhtiyarpur Nagar Parishad, and the
Station House Officer, Bakhtiyarpur, are
Patna High Court CWJC No.3349 of 2026(2) dt.16-03-2026
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hereby directed to ensure the removal of the
disputed wall and staircase (platform)
located in the street under their supervision,
for immediate ensure removal of
encroachments from the passage which is
used for the entrance of the petitioner's
house situated at Mauza-Mohmadpur, P.S.-
Bakhtiyarpur, Khata No-09, Khesra No.56,
District-Patna.
b. to direct the Respondents to
ensure the passage must be vacated and not
encroached by Private Respondents.
c. to issue any other direction
deemed fit in the interest of justice and
public welfare.
3. It is unfortunate that even for the compliance of the
order passed by the Executive Officers, the petitioner has to
knock the door of Patna High Court. In this particular case, the
Sub-Divisional Officer, Barh passed an order on 27.01.2025 but
the copy was provided vide memo no. 217 dated 25.04.2025
(after three months) (Annexure-1 to the petition).
4. The last three paragraphs of the order is/are
recorded herein below:
iqu% fooknh Hkwfe uxj ifj’kn~] cf[r;kjiqj esa gksus ds dkj.k
dk;Zikyd inkf/kdkjh] uxj ifj’kn~] cf[r;kjiqj ls izfrosnu dh
ekWax fd;k x;k gSA tks i=kad 1649 fnukad&19-11-2024 ls izkIr
gqvk] tks vfHkys[k ij miyC/k gSA ftls voyksdu fd;kA
izfrosnu ls Li’V gksrk gS fd izFke i{k izeksn flag ds ?kj ds
Patna High Court CWJC No.3349 of 2026(2) dt.16-03-2026
3/4
nf{k.k ,oa f}rh; i{k fotsUnz ds ?kj ds mRrj nksuksa i{k ds chp
yxHkx ikWap QhV dh xyh gSA mlh xyh ls izFke i{k oxSjg dk
vkus&tkus dk jkLrk gSA ftlesa fotsUnz flag }kjk vks’Bh dk
fuekZ.k djk;s gq;s gSA ftls rksM+uk vko”;d gSA mlds vykos
orZeku esa vkus&tkus dk dksbZ jkLrk ugha gSA izfrosnu ds lkFk
fcUnqokj izfrosnu vafdr gSa] tks izfrosnu ds lkFk layxu gSA
mijksDr lHkh fcUnqvksa ij xgu leh{kksijkar ;g
Li’V gksrk gS fd f}rh; i{k fotsUnz flag }kjk fooknh xyh
IykWV ua0 56 esa fl<+h rFkk IykWV ua0 55 esa fnokj nsdj vke
jkLrk dks vo:) ,oa ladh.kZ dj fn;s gSA ftlls izFke i{k ,oa
vU; xzkfe.kksa dks vkus&tkus esa dkQh dfBukbZ;k¡ mRiUu gks jgh
gSA
vr% vapy vf/kdkjh] cf[r;kjiqj] dk;Zikyd
inkf/kdkjh] uxj ifj’kn~] cf[r;kjiqj ,oa Fkkuk/;{k] cf[r;kjiqj
dks vkns”k fn;k tkrk gS fd viuh fuxjkuh esa xyh esa fLFkr
fookfnr fnokj ,oa lh<+h ¼vks’Bh½ dks gVokuk lqfuf”pr djsaA
vkns”k dh izfr vapy vf/kdkjh] cf[r;kjiqj] dk;Zikyd
inkf/kdkjh] uxj ifj’kn~] cf[r;kjiqj ,oa Fkkuk/;{k] cf[r;kjiqj
dks vko”;d dkjZokbZ gsrq HkstsaA blh ds lkFk okn dh dk;Zokgh
dks lekIr fd;k tkrk gSA
ys[kkfir ,oa la”kksf/kr
5. All the three respondent nos. 4, 5 and 6, namely, the
Executive Officer, Nagar Parishad, Bakhtiyarpur, Patna, the
S.H.O., Bakhtiyarpur, Patna and the Circle Officer,
Bakhtiyarpur, District- Patna were directed to take immediate
steps.
6. One year later, the writ petition with the grievance
that the three respondents have failed to abide by the order
Patna High Court CWJC No.3349 of 2026(2) dt.16-03-2026
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passed by the S.D.O., Barh.
7. In that background, this Court directs the concerned
respondents to take immediate steps for compliance of the order
in next four weeks from the date the copy of the order is
received in their office to be provided by the petitioner or
provide a reasoned order to the petitioner as to why it cannot be
complied and should also record if there is any stay/ status quo
with regard to the order in question by any authority/ Court.
8. Failure to do so, the Executive Officer, Nagar
Parishad, Bakhtiyarpur, the S.H.O., Bakhtiyarpur, as also the
Circle Officer, Bakhtiyarpur shall be facing contempt.
9. Learned State Counsel submits that he shall also be
informing the three respondents today itself telephonically
followed by letters.
10. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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