Patna High Court
Dayanand AryaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The contempt petition is closed as the encroachments have been removed per the Circle Officer's order.
Summary
The petitioner, Dayanand Arya, filed a contempt petition before the Patna High Court alleging non-compliance with a prior order. The opposite parties, including the State of Bihar and officials, submitted a show‑cause affidavit. The Court examined the affidavit and noted that the Circle Officer, Amarpur Anchal, had issued an order in Encroachment Case No. 1 of 2025‑26 stating that the encroachments on the disputed land had been removed. Finding no basis to continue the contempt proceedings, the Court closed the contempt petition. It further directed that any aggriation by the petitioner could be taken up before the appropriate appellate authority.
Issues considered
- Whether the contempt proceedings should continue in view of the removal of encroachments as certified by the Circle Officer's order
Subjects
- contempt
- encroachment
- land dispute
- High Court
- petition dismissed
- show‑cause affidavit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3233 of 2024
In
Civil Writ Jurisdiction Case No.11308 of 2018
======================================================
Dayanand Arya Son of Bhaj Narayan Das, Resident of village- Amarpur, ward
no. 10, P.O. and P.S.- Amarpur, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sri Ansul Kumar, The Collector-Cum-District Magistrate, Banka.
3. Sri Ranjani Kumari, The Circle Officer, Amarpur Anchal, District - Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandrasekhar Sharma, Adv.
For the Opposite Party/s : Mr. Government Advocate 11
Mr. Rajnish Shandilya, AC to GA-11
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY)
3 13-02-2026 Heard learned counsel for the respective parties.
2. We have gone through the show-cause affidavit
filed on behalf of the opposite party.
3. We do not find any reason or occasion to continue
with the contempt proceeding in view of the order passed by the
Circle Officer, Amarpur Anchal, District-Banka in
Encroachment Case No. 1 of 2025-26 with an averment, that the
encroachments over the land in question have been removed.
Accordingly, the present contempt petition stands closed.
4. However, if the petitioner is aggrieved with the
Patna High Court MJC No.3233 of 2024(3) dt.13-02-2026
2/2
order afore-noted, he has remedy to approach before the learned
Appellate Authority.
(Nawneet Kumar Pandey, J)
(Harish Kumar, J)
supratim/-
U
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