Patna High Court
Bachan JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- R P MISHRA
Holding
The court held that the respondents complied with the earlier judgment in both letter and spirit, and therefore no contempt had occurred.
Summary
Petitioner Bachan Jha filed a contempt application alleging that the respondents, including various officials of the Bihar government, willfully disobeyed the judgment dated 23-07-2024 in C.W.J.C. No. 10916 of 2024. The petition sought initiation of contempt proceedings for non‑compliance with that judgment. The court examined the record and found that the Circle Officer, Khanpur, had duly initiated encroachment proceedings under the Bihar Public Land Encroachment Act, 1956, issued notices, conducted measurements, provided a hearing, and finally concluded that the land was free from encroachment. The court held that these actions satisfied the requirements of the earlier judgment both in letter and spirit. Consequently, the contempt application was dismissed and the matter was disposed of.
Issues considered
- Whether the respondents have willfully disobeyed the judgment dated 23-07-2024 in C.W.J.C. No. 10916 of 2024.
- Whether the actions taken under the Bihar Public Land Encroachment Act, 1956 constitute compliance with the earlier judgment.
Legislation cited
Subjects
- contempt of court
- judgment compliance
- land encroachment
- public land
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2001 of 2025
In
Civil Writ Jurisdiction Case No.10916 of 2024
======================================================
Bachan Jha Son of Late Ramkripal Jha Resident of Village-Siripur Gahar
P.S.-Khanpur Distirct Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mr. Dilip Kumar Singh, the Principal Secretary, Revenue and Land Reforms
Department, Govt. of BIhar, Patna.
3. Mr. Mayank Warwade, the Divisional Commissioner, Darbhanga Division,
Darbhanga.
4. Mr. Roadhan Kushwaha, the District Magistrate, Samastipur.
5. Mr. Ajay Kumar Tiwary, the Additional Collector, Samastipur.
6. Mr. Dilip Kumar, the Sub Divisional Officer, Sadar, Samastipur.
7. Mr. Balveer Das, the Deputy Collector Land Reforms Sadar, Samastipur.
8. Manish Kumar, the Circle Officer, Block-Khanpur, District- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Standing Counsel 25, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 09-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present contempt application has been filed on
behalf of the petitioner for initiation of a contempt proceeding
against the contemnors/opposite parties, for willful and
deliberate disobedience of the judgment dated 23-07-2024,
passed in C.W.J.C. No. 10916 of 2024.
3. From the materials brought on record and the show
Patna High Court MJC No.2001 of 2025(5) dt.09-01-2026
2/2
cause filed on behalf of the opposite parties, it appears that the
Circle Officer, Khanpur initiated encroachment proceedings
under the provisions of the Bihar Public Land Encroachment
Act, 1956, issued notices to the alleged encroachers, conducted
measurement through the Anchal Amin, afforded opportunity of
hearing to the concerned parties and, upon verification of the
present status of the land, concluded Encroachment Case No.
06/2023-24 by recording that the land is free from
encroachment.
4. In view of the aforesaid facts and documents
placed on record, this Court is satisfied that the judgment dated
23.07.2024 passed in CWJC No. 10916 of 2024 has been
complied with in letter and spirit.
5. Accordingly, the present M.J.C. stands disposed of.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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