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Patna High Court

Sitaram PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Since the State authorities have taken concrete steps to comply with the earlier direction, no further contempt order is required.

Summary

The petitioner filed a contempt application alleging that the State of Bihar failed to comply with a May 10, 2024 order in CWJC No.13692/2022 directing removal of encroachments from a water body. The State submitted a supplementary show‑cause stating that an encroachment clearance drive was conducted on November 26, 2025, demolishing illegal structures, rehabilitating affected families with fresh parchas, and providing purchase receipts under the Government Awas Yojana. The court examined these statements and concluded that the State had taken concrete steps towards compliance with the original direction. Consequently, the court held that no further order was necessary in the contempt proceedings, directing the State to complete any remaining actions within six months. The contempt application was therefore disposed of.

Issues considered

  • Whether the State's actions amount to contempt of the earlier court order directing removal of encroachments from the water body.
  • Whether the court should issue any further directions in the contempt proceedings.

Subjects

  • contempt of court
  • water body encroachment
  • rehabilitation
  • government scheme
  • compliance with writ order
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3967 of 2024
                                                     In
                               Civil Writ Jurisdiction Case No.13692 of 2022
                 ======================================================
                 Sitaram Prasad Vishundev Prasad Resident of Village Sonsa P.S. Rahui
                 District-Nalanda.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through Amrit Lal Meena the Chief Secretary,
                 Government of Bihar, Patna.
           2.    Dr. S. Siddharth the Additional Chief Secretary, Department of Home,
                 Government of Bihar, Patna.
           3.    Santosh Kumar Mall, the Secretary, Water Resources Department,
                 Government of Bihar, Patna.
           4.    Mayank Warwade, the Divisional Commissioner, Patna.
           5.    Shashank Shubhankar, the District Magistrate Nalanda.
           6.    Kajle Vaibhav Nitin, the Sub-Divisional Officer, Biharsharif, Nalanda.
           7.    Mano Kumar Prasad, the Circle Officer, Rahui, Nalanda.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Gautam Kumar Kejriwal, Advocate
                                               Mr. Alok Kumar Jha, Advocate
                                               Mr. Mukund Kumar, Advocate
                                               Mr. Akash Kumar, Advocate
                 For the State         :       Mr. P.K. Shahi, A.G.
                                               Mr. Vikash Kumar, AC to AG
                                               Mr. Anjani Kumar, AAG-4
                                               Mr. Alok Kumar Rahi, AC to AAG-4
                                               Mr. Shailendra Kr. Singh, AC to AAG-4
                 ======================================================
                 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

5   05-01-2026                    The present contempt application has been preferred

                   against the order dated 10.05.2024 passed in C.W.J.C. No.

                   13692 of 2022, whereby a direction was issued for removal of

                   encroachment from the water body, which was occupied by
Patna High Court MJC No.3967 of 2024(5) dt.05-01-2026
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          certain persons to whom parchas had been issued. While

          passing the said order, the Writ Court had categorically observed

          that no construction could be permitted over a water body,

          irrespective of the fact that parchas had been issued by the State

          Government. In pursuance thereof, the present contempt

          application has been preferred.

                       2. A supplementary show-cause has been filed on

          behalf of Respondent No. 5, wherein the following statements

          have been made in Paragraph Nos.- 15,16,17,18 & 19:-

                                               “15.(i) On 26.11.2025, an encroachment
                                  clearance drive was conducted in presence of
                                  adequate number of magistrates and police force
                                  and houses of 08 encroachers, which were made
                                  over the land in question were demolished. It is
                                  relevant to mention here that those 08 encroachers
                                  were not eligible to be benefited under the Govt.
                                  Awas Yojana as it is evident from letter no. 419,
                                  dated 17.04.2024 issued by the B.D.O, Rahui.
                                               16.(ii) It is apt to mention here that out
                                  of 114 encroachers, who were found eligible for
                                  grant of benefit of Govt. Awas Yojana, 44 were
                                  already approved earlier and Purcha of the
                                  homestead lands were provided to them. Out of
                                  remaining 70 encroachers 02 were found dead and
                                  68 encroachers were provided Bandobast Purcha on
                                  25.11.2025, who received the same and put their
                                  signatures voluntarily in support of their receiving
                                  as it is evident from the receipt dated 25.11.2025.
                                               17. All 112 beneficiaries of Govt. Awas
                                  Yojana were asked to submit requisite documents
Patna High Court MJC No.3967 of 2024(5) dt.05-01-2026
                                            3/4




                                  including passbooks for providing them amount for
                                  Awas Yojana, out of them 30 families have already
                                  submitted the required documents for getting benefit
                                  for the same, as it is made clear from the report vide
                                  letter no. 1801, dated 26.11.2025 submitted by the
                                  B.D.O, Rahui.
                                               18. That in view of the facts as stated
                                  above it appears that delay in compliance of the
                                  undertaking given in C.W.J.C. No. 13692/2022 was
                                  not intentional rather it occurred in the process
                                  undertaken      by    the   authorities   concerned    in
                                  accordance with law as well as the Govt. policy.
                                  Moreover, all the eligible encroachers have received
                                  the Bandobast Purcha and 30 of them have
                                  submitted their requisite documents for Awas Yojana
                                  and rest are under the process of doing the same.
                                  Thereafter, subsequent action will be taken in
                                  accordance with Govt. policy.
                                               19. That in view facts of the and
                                  circumstances as stated above it is stated submitted
                                  and that no of the order of the violation Hon'ble
                                  Court has behalf of the been made on and O.Ps all
                                  necessary steps have been taken for compliance of
                                  the direction/orders of the court.”


                       3.   Considering        the      statements      made     in     the

          supplementary show-cause, it is evident that the State

          authorities have already taken concrete steps for removal of

          encroachments from the water body. The persons who were

          earlier settled in and around the water body have been

          rehabilitated by issuance of fresh parchas on alternative land
           Patna High Court MJC No.3967 of 2024(5) dt.05-01-2026
                                                       4/4




                     under the relevant rehabilitation scheme.

                                  4. In view of the fact that necessary steps have already

                     been taken by the Respondent-State for protection of the water

                     body in question, we are of the considered opinion that no

                     further order is required to be passed in the present contempt

                     proceedings. However, it is expected that the Respondents shall

                     complete the remaining exercise, if any, at the earliest and

                     preferably within a period of six months from the date of

                     receipt/production of a copy of this order.

                                  5. With the aforesaid observations, the present

                     contempt application stands disposed of.

                                  6. Pending application(s), if any, shall also stand

                     disposed of.



                                               (Sudhir Singh, ACJ)


                                            (Rajesh Kumar Verma, J)
Sachin/-

U


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