Patna High Court
Kashi YadavversusThe State Of Bihar Through Dr. Nilesh Ramchandra Deware, The Collector Cum District Magistrate, Wes
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the order dated 20‑06‑2017 had been complied with, and therefore the petition for contempt was dismissed.
Summary
The petitioner, Kashi Yadav, filed a petition seeking initiation of contempt proceedings against Opposite Party No.5 for allegedly willfully violating a judicial order dated 20‑06‑2017 issued in C.W.J.C. No.18889 of 2013, which required removal of an encroachment within four weeks of receipt of the order. The respondents filed a show‑cause notice stating that the encroachment had been removed on 15‑10‑2020 and that the petitioner’s signature acknowledged the compliance. The court examined the show‑cause submission and accepted that the order had indeed been complied with. Consequently, the court found no ground for contempt. The petition was therefore disposed of, with no contempt proceeding initiated.
Issues considered
- Whether Opposite Party No.5 committed contempt by failing to implement the order dated 20‑06‑2017.
- Whether the order dated 20‑06‑2017 had been complied with, thereby negating any contempt.
Subjects
- contempt
- judicial order
- encroachment
- civil writ jurisdiction
- compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4397 of 2018
In
Civil Writ Jurisdiction Case No.18889 of 2013
======================================================
Kashi Yadav S/o late Singhashan Yadav@ Singhashan Raut Resident Of
Village - Parau Tola, Baswaria, P.S. - Lauria, District - West Champaran
... ... Petitioner/s
Versus
1. The State Of Bihar Through Dr. Nilesh Ramchandra Deware, The Collector
Cum District Magistrate, West Champaran at Bettiah.
2. Dr. Nilesh Ramchandra Deware,The Collector-Cum-District Magistrate,
West Champaran At Bettiah
3. Sri Ansar Ahmad, The Additional Collector, West Champaran, Bettiah
4. Sri Chandan Chauhan, The Sub Divisional Officer, Narkatiaganj, District -
West Champaran
5. Sri Chandan Kumar, The Circle Officer, Lauria Circle, Lauria, District -
West Champaran
6. Prahlad Mistri S/o Satyanarayan Mistri
7. Satan Sharma@ Somari Sharma S/o Sri Baxor Sharma Both Resident Of
Village - Parau Tola, Baswaria, P.S. - Lauria, District - West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Md. Khurshid Alam - Aag 12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for initiation of a contempt proceeding
against the opposite party no. 5 for willful and
deliberate violation of the judicial order dated
20.06.2017 passed by Hon'ble Mr. Justice Dinesh
Kumar Singh in C.W.J.C. No. 18889 of 2013
Patna High Court MJC No.4397 of 2018(2) dt.09-04-2026
2/2
whereby and whereunder the opposite party no. 5
has been directed to impliment the order dated
20.06.1987 passed in Encroachment Case No.
01/1987-88 within four weeks from the date of
receipt/ production of the copy of the said order.”
3. A show cause has come on behalf of the opposite
party nos. 2 to 5 which shows that the encroachment was
removed by the opposite parties on 15.10.2020 and the signature
of the petitioner is also there as an acknowledgment.
4. In that background, accepting that an order has
been complied, MJC No. 4397 of 2018 stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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