Created by Fuzzy Cloud

Patna High Court

Bandhu BaithaversusThe State Of Bihar and Anr

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.