Patna High Court
Kamakhya Narain SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The petition is disposed because the Circle Officer's final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 satisfied the High Court's earlier directive, and contempt proceedings cannot adjudicate factual disputes.
Summary
Kamakhya Narain Singh filed a petition alleging that the Circle Officer, Bahadurpur, had not complied with the Patna High Court's order dated 27 April 2023 directing the conclusion of an encroachment case. The Circle Officer issued a final order on 18 August 2023 under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, declaring the occupants as encroachers and ordering demolition of their houses. The opposite parties submitted that all but seven houses had been demolished, and the remaining families had sought a deferment pending a marriage. The petitioner countered that only 19 of the 131 listed encroachments had been removed. The Court held that the 27 April 2023 order was complied with by the Circle Officer's final order and, noting that contempt proceedings cannot entertain factual disputes, dismissed the petition. The Court directed that any further grievance must be pursued through other legal remedies.
Issues considered
- Whether the Circle Officer complied with the High Court's order dated 27 April 2023 to conclude the encroachment proceedings.
- Whether the petition can proceed in contempt of court despite the presence of factual disputes.
Legislation cited
- Bihar Public Land Encroachment Act, 1956 — s. 6(1)
Subjects
- encroachment
- public land
- contempt of court
- compliance
- Bihar Public Land Encroachment Act
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2552 of 2023
In
Civil Writ Jurisdiction Case No.20164 of 2016
======================================================
Kamakhya Narain Singh S/o Late Bhuneshwewr Singh, Resident of village -
Kheraje-Sahpur, P.O. Lalshahpur, P.S. Sadar (Mabbi O.P), District
Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Dr. Manish Kumar, the Commissioner Darbhanga.
3. Rajiv Raushan, the Collector, Darbhanga.
4. Awakash Kumar, the Senior Superintendent of Police, Darbhanga.
5. Chandrima Attri, the Sub Divisional Officer, Darbhanga.
6. Neelam Kumari, the Circle Officer, Bahadurpur, District Darbhanga.
7. Indrashan Sah, the Circle Officer, Darbhanga Sadar, District Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarendra Narayan, Advocate
For the Opposite Party/s : Mr.Dhurjati Kumar Prasad (Gp14)
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
10 24-04-2026 The learned counsel for the opposite party seeks to
file a supplementary show-cause on behalf of opposite party
no.3, copy whereof has already been filed online. Let the same
be kept on record. The learned counsel for the petitioner also
seeks to file reply to the said supplementary show-cause filed by
opposite party no.3, copy whereof of has already been filed
online. Let the same be also kept on record.
2. The present petition has been filed alleging
disobedience of the order of this Court dated 27.04.2023 passed
Patna High Court MJC No.2552 of 2023(10) dt.24-04-2026
2/3
in CWJC No.20164 of 2016 whereby and whereunder the Circle
Officer had been directed to conclude the proceedings of the
connected Encroachment Case No.1 of 2023-24.
3. The Circle Officer, Bahadurpur, vide order dated
18.08.2023, has passed the final order under Section 6(1) of the
Bihar Public Land Encroachment Act, 1956 (hereinafter referred
to as “the Act, 1956”) declaring the unauthorized occupants of
the encroached land as encroachers.
4. The learned counsel for the opposite parties has
submitted by referring to paragraph no.5 of the supplementary
show-cause filed on behalf of Opposite Party No.3 today in the
Court itself that except 7 houses, all houses of the encroachers
have been demolished in the presence of Magistrate and police-
force and as far as the said 7 houses are concerned, while in one
house grains were kept, the six families of remaining six houses
had requested that since marriage of their daughter is fixed,
demolition be deferred and they would remove encroachment
voluntarily after the marriage and to the said effect they had also
given appropriate application.
5. The learned counsel for the petitioner submits by
referring to the reply filed by the petitioner to the supplementary
show-cause filed on behalf of opposite party no.3 that out of a
Patna High Court MJC No.2552 of 2023(10) dt.24-04-2026
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list of 129+2 encroachment described in Annexure-R-3/J, only
19 have been removed and rest are yet to be removed.
6. This Court finds that the order of this Court dated
27.04.2023, passed in CWJC No.20164 of 2016 has stood
complied with inasmuch as the Circle Officer, Bahadurpur has
passed the final order under Section 6(1) of the Act, 1956 on
18.08.2023.
7. It is a well settled law that in a contempt
proceeding, rival claim of the parties and disputed question of
facts cannot be gone into, hence this Court deems it fit and
proper to close the present proceedings. However, in case the
petitioner has any subsisting grievance, he can resort to such
remedies as are otherwise available under the law.
8. Accordingly, the present petition stands disposed
of.
(Mohit Kumar Shah, J)
kanchan/-
U
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