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Patna High Court

Bachan JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

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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