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Patna High Court

Arvind Kumar SinghversusThe state of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to approach the Circle Officer and disposed of the contempt petition.

Summary

Arvind Kumar Singh filed a contempt petition alleging that part of an encroachment on his land had been removed but a remaining portion persisted. He sought liberty to approach the Circle Officer of Dinara, Rohtas, for further redress. The petitioner’s counsel argued that despite the partial removal, the petitioner needed authority to proceed against the remaining encroachment. The Court, after hearing the counsel, granted the requested liberty, allowing the petitioner to approach the Circle Officer. Consequently, the contempt petition was disposed of by the Court.

Issues considered

  • Whether the petitioner is entitled to liberty to approach the Circle Officer for the remaining encroachment
  • Whether the contempt petition should be dismissed

Subjects

  • encroachment
  • contempt petition
  • civil writ jurisdiction
  • liberty to approach
  • land reform

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.2115 of 2023
                                           In
                   Civil Writ Jurisdiction Case No.10950 of 2022
     ======================================================
     Arvind Kumar Singh Son of Ram Nathun Singh, Resident of Village- Semra,
     P.S- Natwar, Anchal- Dinara, District- Rohtas.

                                                                ... ... Petitioner/s
                                        Versus
1.   The state of Bihar Through Dr. N. Saravana Kumar, fathers name not known
     to the petitioner, the Principal Secretary, Rural Development Department,
     Govt. of Bihar, Patna.
2.   Dharmendra Kumar, father's name not known to the petitioner, The District
     Magistrate, Rohtas.
3.   Upendra Kumar Pal, father's name not known to the petitioner, The Sub-
     Divisional Officer, Rohtas.
4.   Avinash Kumar, father's name not known to the petitioner, The Deputy
     Commissioner Land Reform, Rohtas.
5.   Aditya Kumar Singh, the Circle Officer, Block-Dinara, District-Rohtas.
6.   Hiraman Ram Son of Mithu Ram, Resident of village- Sermra, P.S-Natwar,
     Anchal, Dinara, District- Rohtas.
7.   Sohrai Ram, Son of Mithu Ram, Resident of village- Sermra, P.S-Natwar,
     Anchal, Dinara, District- Rohtas.
8.   Krishna Ram, Son of Mithu Ram, Resident of village- Sermra, P.S-Natwar,
     Anchal, Dinara, District- Rohtas.
9.   Ramu Ram, Son of Mithu Ram, Resident of village- Sermra, P.S-Natwar,
     Anchal, Dinara, District-Rohtas.
10. Raj Kumar Ram, Son of Hiraman Ram, Resident of village- Sermra, P.S-
    Natwar, Anchal, Dinara, District- Rohtas.
11. Radha Mohan, Son of Hiraman Ram, Resident of village- Sermra, P.S -
    Natwar, Anchal, Dinara, District- Rohtas.
12. Ram Narayan Paswan, Son of late Sury Paswan, Resident of village-
    Sermra, P.S - Natwar, Anchal, Dinara, District- Rohtas.
13. Lal Babu Paswan, Son of late Sury Paswan, Resident of village. Sermra, P.S-
    Natwar, Anchal, Dinara, District- Rohtas.
14. Beshlal Paswan, Son of late Saryu Paswan, Resident of village- Sermra, P.S-
    Natwar, Anchal, Dinara, District- Rohtas.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s     :   Mr.Shyam Bihari Singh, Adv.
     For the Opposite Party/s :   Mr.Vikash Kumar (Sc11)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
          Patna High Court MJC No.2115 of 2023(7) dt.16-01-2026
                                                      2/2




                                                   ORAL ORDER

7    16-01-2026                  At the outset, the learned counsel for the petitioner

                    fairly submits that though some part of the encroachment in

                    question has stood removed, however for the remaining part, the

                    petitioner be granted liberty to approach the Circle Officer

                    Dinara, District-Rohtas. Liberty, so sought, is granted.

                    2.      Accordingly, the present contempt petition stands

                    disposed off.


                                            (Mohit Kumar Shah, J)

Ajay/-

U


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