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Patna High Court

Rajeev KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition was dismissed as the respondents had complied with the earlier order.

Summary

Petitioner Rajeev Kumar filed a contempt petition challenging the State of Bihar and a Circle Officer for alleged non‑compliance with a prior order dated 27 September 2022 in Civil Writ Jurisdiction Case No. 3777 of 2020. The earlier order required removal of encroachments on the petitioner’s land. Both parties’ counsel agreed that the encroachments have been fully removed, thereby satisfying the earlier decree. The court examined whether the contempt petition remained viable in light of this compliance. Finding that the conditions of the earlier order were met, the court held that there was no ground for contempt. Consequently, the contempt petition was disposed of without further proceedings.

Issues considered

  • Whether the petitioner’s contempt petition should be entertained after the respondent complied with the earlier court order removing encroachments.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • encroachment removal
  • order compliance
  • petition disposal

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2199 of 2023
                                                        In
                                  Civil Writ Jurisdiction Case No.3777 of 2020
                  ======================================================
                  Rajeev Kumar S/o Nand Kishore Prasad Yadav, Resident of Village- Kharaka,
                  P.S. - Punaura, District - Sitamarhi.

                                                                                ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar through the District Magistrate, Sitamarhi.
            2.    Sri Chandrajit Prakash, the Circle Officer, Dumra, District - Sitamarhi.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Alok Kumar Jha, Adv.
                  For the Opposite Party/s :       Mr.Sajid Salim Khan (Sc25)
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                        ORAL ORDER

8    16-01-2026             The learned counsel for the parties are in agreement that

                    the order of this Court dated 27.9.2022, passed in CWJC No.

                    3777 of 2020 has now stood complied with, inasmuch as all the

                    encroachment in question have stood removed from the

                    encroached land in question.

                    2.      Accordingly, the present contempt petition stands

                    disposed off.


                                               (Mohit Kumar Shah, J)

Ajay/-

U


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