Patna High Court

Ganesh MusaharversusThe State of Bihar

Decided: 11 March 2026
Disposal: DISMISSED
Bench: MOHIT KUMAR SHAH

Holding

The Court held that the respondents had complied with the earlier order and consequently dismissed the contempt petition.

Summary

Petitioner Ganesh Musahar filed a contempt petition challenging the State of Bihar and its officials for allegedly not complying with a prior court order dated 13‑10‑2022 in CWJC No.10851 of 2021. The opposite side submitted that the Circle Officer, Garhani, had issued a final order on 3‑10‑2023 under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, concluding that the land records (parcha/jamabandi) were in the name of the alleged encroachers and therefore dropping the encroachment proceedings. The Patna High Court examined whether this order satisfied the earlier directive. Satisfied that the order had indeed been complied with, the Court dismissed the contempt petition. No further relief was granted.

Issues considered

Did the respondents comply with the Court's order dated 13‑10‑2022 in CWJC No.10851 of 2021?
Should the contempt petition be dismissed on the basis of compliance?

Legislation cited

Bihar Public Land Encroachment Act, 1956 — s. 6(1)

Subjects

contempt
land encroachment
public land
compliance
civil writ jurisdiction
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1366 of 2023
                                                       In
                               Civil Writ Jurisdiction Case No.10851 of 2021
                 ======================================================
                 Ganesh Musahar S/o Late Somaru Musahar, Resident of Village-Dhamaniyan,
                 P.O.-Garhani, P.S. Agiaon, District Bhojpur.

                                                                            ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Sri Brijesh Mehrotra, the Principal Secretary,
                 Department of Revenue and Reform, Govt. of Bihar, Patna.
           2.    Sri Raj Kumar, the District Magistrate, Bhojpur.
           3.    Sri Pramod Kumar Yadav, the Superintendent of Police, Bhojpur.
           4.    Sri Mukesh Kumar, the Deputy Collector of Land Reforms, Sadar Ara,
                 Bhojpur.
           5.    Sri Arun Prakash, the Sub Divisional Officer, Sadar Ara, Bhojpur.
           6.    Sri Santosh Kumar Chaudahry, the Circle Officer, Garhani (Bhojpur).
           7.    Kaimuniya Nisa @ Kaimuniya Khatun, W/o Md. Sahid, permanent resident
                 of Village-Aayar, P.O. and P.S.-Aayar, District-Bhojpur, at present residing
                 of Village-Dhamaniyan, P.O. Garhani, P.S.-Agiaon, District-Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Parmeshwar Vishwakarma, Adv.
                 For the Opposite Party/s :    Mr.Sajid Salim Khan (Sc25)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

5   11-03-2026                  The learned counsel for the opposite parties submits

                   that in compliance of the order of this Court dated 13.10.2022,

                   passed in CWJC No. 10851 of 2021, the Circle Officer, Garhani,

                   Bhojpur at Ara has passed the final order under Section 6(1) of

                   the Bihar Public Land Encroachment Act, 1956 in connection

                   with Encroachment Case No. 3 of 2014-15 on 3.10.2023 and

                   finding that parcha / jamabandi is existing in the name of the

                   encroachers, the encroachment proceedings have been dropped.
         Patna High Court MJC No.1366 of 2023(5) dt.11-03-2026
                                                     2/2




                   2.      This Court is satisfied that the order of this Court dated

                   13.10.2022 has stood complied with, hence the present

                   contempt petition stands dismissed.


                                           (Mohit Kumar Shah, J)

Ajay/-

U

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