Patna High Court
Lallu PrasadversusThe Tripurari Sharan,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the order dated 06‑05‑2023 is complied with and therefore the contempt petition is dismissed.
Summary
The petitioner, Lallu Prasad, filed a contempt petition alleging that the respondents deliberately violated the order dated 22‑04‑2026 issued in C.W.J.C. No. 17240 of 2015. The State counsel relied on an order dated 06‑05‑2023 from the Circle Officer, Patna Sadar, in Encroachment Case No. 37 of 2022‑23, asserting that the land involved was private and therefore not covered by the Public Land Encroachment Act, 1956. The Court examined whether the respondents’ actions constituted contempt and whether the encroachment order was valid. It held that the Circle Officer’s order was complied with and that there was no basis to continue the contempt proceedings. Consequently, the petition was disposed of. The judgment reaffirmed the applicability of the Public Land Encroachment Act only to public land and dismissed the contempt claim.
Issues considered
- Did the opposite parties willfully violate the order dated 22‑04‑2026 issued in C.W.J.C. No. 17240 of 2015?
- Is the land in Encroachment Case No. 37 of 2022‑23 private land and thus outside the scope of the Public Land Encroachment Act, 1956?
- Does the order dated 06‑05‑2023 issued by the Circle Officer stand complied for purposes of the contempt petition?
Subjects
- contempt of court
- public land encroachment
- private land
- order compliance
- municipal corporation
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1935 of 2021
In
Civil Writ Jurisdiction Case No.17240 of 2015
======================================================
Lallu Prasad Son of Late Nand Lal, Resident of Mohalla-Main Road Daudpur,
Police Station-Sahpur, Post Office-Daudpur, District-Patna.
... ... Petitioner/s
Versus
1. The Tripurari Sharan, the Chief Secretary, Govt of Bihar, Old Secretariat,
Patna-800015.
2. Mr. Kumar Ravi, the District Magistrate, Patna.
3. The Patna Municipal Corporation through its Commissioner having Office at
Maurya Lok Patna.
4. Himanshu Sharma, The Commissioner, Patna Municipal Corporation
through its Commissioner Having Office at Maurya Lok Patna.
5. Sri Chhote Bihari Sao, Son of Late Nathuni Sao, Resident of Mohalla-New
Paharpur, near Aerodrome Wireless Station-Punpun, District-Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Awadhesh Prasad Sinha, Advocate
For the Opposite Party/s : Mr.Yogendra Prasad Sinha (AAG 7)
For the PMC : Mr. Sanjay Prasad Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 12-03-2026 Heard the parties.
2. The present matter has been preferred for :
“initiation of contempt
proceeding against the Opposite Parties
for their will full and deliberate violation
of the order dated 22.04.2026 passed in
C.W.J.C. No. 17240 of 2015 by Hon’ble
Mr. Justice Ravi Ranjan.”
3. Show-cause of Opposite Party No. 2 is on record
Patna High Court MJC No.1935 of 2021(3) dt.12-03-2026
2/2
and learned State counsel has taken this Court to the order dated
06.05.2023 issued by the Circle Officer, Patna Sadar in
Encroachment Case No. 37 of 2022-23 to show that it is a
private land and as such, do not come under the Public Land
Encroachment Act, 1956.
4. This Court is convinced that order stands complied.
In that background, MJC No. 1935 of 2021 is disposed of.
(Rajiv Roy, J)
atul/-
U T
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