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Patna High Court

Ramji SinghversusMr. Deep Lal Dipak

Decided
Disposal
DISPOSED

Holding

The Court held that the encroachment had been removed as evidenced by the Circle Officer’s order, thereby discharging the contempt allegation.

Summary

Ramji Singh and several co‑petitioners filed a contempt petition in the Patna High Court alleging that the State of Bihar and its officials willfully violated the order dated 19‑12‑2019 issued by Justice Chakradhari Sharan Singh in C.W.J.C. No. 25393/2019, which required removal of an encroachment. The State counsel produced an order dated 04‑02‑2023 issued by the Circle Officer, Patna, showing that the encroachment had been removed, and submitted related documents. The Court examined the submission and found it satisfactory. Relying on the evidence, the Court held that the requirement of the earlier order had been complied with. Consequently, the contempt petition (MJC No. 1055 of 2021) was disposed of without further proceedings.

Issues considered

  • Whether the respondents committed contempt by willfully violating the order dated 19‑12‑2019 directing removal of encroachment
  • Whether the evidence produced by the State showing removal of encroachment is sufficient to discharge the contempt allegation

Subjects

  • contempt of court
  • order compliance
  • encroachment removal
  • civil writ jurisdiction
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.1055 of 2021
                                                         In
                                 Civil Writ Jurisdiction Case No.25393 of 2019
                 ======================================================
                 Ramji Singh Son of Kishori Singh, Resident of Village - Joka Rupauli, Ward
                 no. 01, P.S. - Bathanaha, Distt. - Sitamarhi.

                                                                             ... ... Petitioner/s
                                                  Versus
           1.    Mr. Deep Lal Dipak The State of Bihar through the Secretary, General
                 Administrative Department Bihar, Patna.
           2.    Mr Dr. Abhilash Sharma, The Distt. Magistrate, Sitamarhi.
           3.    Mr. Rakesh Kumar, The Deputy Registrar, Block Runisaidpur, Distt.
                 Sitamarhi.
           4.    Mr. Gineelal Prasad, The Sub-divisional Officer, Sitamarhi Sadar, Distt. -
                 Sitamarhi.
           5.    Arun Singh Son of Late Gulam Singh Resident of Village - Joka Rupauli,
                 Ward no. 01, P.S. Bathanaha, Distt. - Sitamarhi.
           6.    Ram Jang Singh, Son of Late Ram Ekwal Singh, Resident of Village - Joka
                 Rupauli, Ward no. 01, P.S. Bathanaha, Distt. - Sitamarhi.
           7.    Ram Ugiyager Singh Son of Anup Singh, Resident of Village - Joka
                 Rupauli, Ward no. 01, P.S. Bathanaha, Distt. - Sitamarhi.
           8.    Ram Kailash Singh, Son of Late Jairam Singh, Resident of Village - Joka
                 Rupauli, Ward no. 01, P.S. Bathanaha, Distt. - Sitamarhi.
           9.    Narayan Singh, Son of Late Ram Dayal Singh, Resident of Village - Joka
                 Rupauli, Ward no. 01, P.S. Bathanaha, Distt. - Sitamarhi.
           10. Ram Bharosh Singh, Son of Late Banwari Singh, Resident of Village - Joka
               Rupauli, Ward no. 01, P.S. Bathanaha, Distt. - Sitamarhi.
           11. Ajay Singh, Son of Gajahar Singh, Resident of Village - Joka Rupauli, Ward
               no. 01, P.S. Bathanaha, Distt. - Sitamarhi.
           12. Ruplal Singh, Son of Late Laxmi Singh, Resident of Village - Joka Rupauli,
               Ward no. 01, P.S. Bathanaha, Distt. - Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Devendra Kumar, Advocate
                 For the Opposite Party/s :    Mr. Lalit Kishore (AG)
                 For the State            :    Mr. Dhurjati Kumar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                     Heard the parties.

                                2. The present matter has been preferred for :
             Patna High Court MJC No.1055 of 2021(3) dt.12-03-2026
                                                         2/2




                                                                “initiation   for   contempt

                                                    proceeding against the opposite parties

                                                    for willful violation of the Lordships

                                                    order dt.19.12.2019 Passed by Hon'ble

                                                    Mr. Justice Chakradhari Sharan Singh in

                                                    C.W.J.C.No.25393/2019.”

                                    3. Learned State counsel Mr. Dhurjati Kumar Prasad,

                       has taken this court to the order dated 04.02.2023 issued by the

                       Circle Officer, Patna to show that encroachment has been

                       removed. Accepting the said statement/submission/documents

                       which is on record, MJC No. 1055 of 2021 is disposed of.



                                                      (Rajiv Roy, J)
atul/-

U        T


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