Patna High Court
Bandhu BaithaversusThe State Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, permitting the Circle Officer to continue and conclude the encroachment proceeding, with a warning of contempt for any failure to do so.
Summary
Petitioner Bandhu Baitha filed a petition seeking contempt proceedings against the State of Bihar and Ramanand Sagar for allegedly willfully ignoring an order dated 09‑02‑2018 issued in CWJC No.1900 of 2018. The Circle Officer of Phulwaria, Gopalganj, raised a show‑cause notice indicating that Encroachment Proceeding No.4 of 2018‑19 had been initiated, but no record showed whether it had been concluded. The High Court examined the petition and directed that the Circle Officer be allowed to take the encroachment matter to its logical conclusion. The Court warned that any failure to conclude the proceeding would attract further contempt. Consequently, the petition was disposed without ordering contempt proceedings at this stage.
Issues considered
- What is the appropriate remedy for alleged willful non‑compliance of the order dated 09‑02‑2018?
- Whether the Circle Officer should be directed to conclude Encroachment Proceeding No.4 of 2018‑19 and the consequences of non‑completion.
Subjects
- contempt of court
- non‑compliance of order
- encroachment proceeding
- civil writ jurisdiction
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1434 of 2018
In
Civil Writ Jurisdiction Case No.1900 of 2018
======================================================
Bandhu Baitha Son of Late Khublal Baitha, Resident of Village- Manjha
Gosai, P.S. Phulwaria, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ramanand Sagar, Son of Mahendra Pandit, Resident of Village- Serwaria,
P.S. Tukaulia, District- East Champaran, at Present Posted as Anchal
Padadhikari, Phulwaria, District- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Prasad Bhakta, Advocate
For the Opposite Party/s : Mr. Md. Khurshid Alam, AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 23-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for initiation of contempt proceeding
against the opposite party for willful non-
compliance of the order dated 09.02.2018
passed by the Hon’ble Court in CWJC No. 1900
of 2018.”
3. A show cause has come on behalf of the Circle
Officer, Phulwaria, Gopalganj according to which
Encroachment Proceeding No. 4 of 2018-19 was initiated in the
matter. Nothing is on record to show whether it came to an end
Patna High Court MJC No.1434 of 2018(3) dt.23-04-2026
2/2
or not.
4. In that background, the petition stands disposed of,
allowing the Circle Officer, Phulwaria, Gopalganj to take the
matter to logical conclusion if not concluded.
5. It is made clear that failure to conclude the
proceeding, if it still continuing, he/she shall be attracting
further contempt in the matter.
(Rajiv Roy, J)
vinayak/-
U
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