Patna High Court
Dr. Amit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The contempt application is disposed of as no further order is required, given that the encroachments have been removed or are stayed by a subsequent order.
Summary
Dr. Amit Kumar Singh filed a contempt application challenging the High Court's order dated 30‑04‑2019 in CWJC No. 9239/2019, which directed the District Magistrate to investigate and act on his grievance regarding encroachments near Patliputra Railway Station within three months. The respondents submitted a show‑cause statement indicating that most encroachments had been removed, but some remained due to a stay granted in CWJC No. 9547/2025, where settlement proceedings for the petitioners’ long‑standing possession were pending. The Court examined the reports and found that the removal mandated by the 2019 order had been substantially effected and that the remaining encroachments could not be acted upon because of the interim stay. Consequently, the Court held that no further direction was necessary and disposed of the contempt application. The application was therefore dismissed, and any pending applications were also ordered to stand disposed.
Issues considered
- What is the appropriate disposition of the contempt application filed against the 30‑04‑2019 order?
- Whether the removal of encroachments complied with the earlier writ order, considering the stay granted in CWJC No. 9547/2025?
Legislation cited
Subjects
- contempt of court
- encroachment
- public land
- stay order
- settlement proceedings
- district magistrate
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.644 of 2020
In
Civil Writ Jurisdiction Case No.9239 of 2019
======================================================
Dr. Amit Kumar Singh Son of Sri Ajit Kumar Singh Resident of Mohiuddin
Nagar, P.s.- Mohiuddin Nagar, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri Kumar Ravi, the District Magistrate-cum-
Collector, Patna.
2. Sri Kumar Ravi, the District Magistrate-cum-Collector, Patna.
3. Sri Mahendra Gupta, the Circle Officer, Danapur, Patna.
4. Smt. Kumari Anupam Singh, the Sub Divisional Officer, Patna.
5. Sri Shamim Akhtar Mazhari, the Circle Officer, Patna Sadar, Patna.
6. Smt. Kumari Anupam Singh, the Sub Divisional Officer, Patna, Bihar.
7. Sri Upendra Sharma, the Senior Superintendent of Police, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Mishra, Sr. Advocate with
Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr.Shailendra Kr. Dwivedi, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
16 16-01-2026 Heard learned counsel for the parties.
2. The present contempt application has been
preferred against the order dated 30.04.2019 passed in C.W.J.C.
No. 9239 of 2019, whereby following directions were issued:-
“Matter is serious and requires examination at the
level of the District Magistrate, Patna who is
accordingly directed to examine and consider the
grievance of the petitioner raised at Annexure-1 and
take appropriate action in accordance with law,
Patna High Court MJC No.644 of 2020(16) dt.16-01-2026
2/4
preferably within a period of three months from the
date of receipt/production of a copy of this order.”
3. A show cause has been filed on behalf of the O.P.
Nos. 2 to 6. The relevant statements made in para 5, 6 and 7 of
the said show cause are reproduced hereinbelow:-
“5. That the Circle Officer, Danapur has submitted his
report vide letter no-5473, dated-13.12.2025
(Annexure-A Series) wherein it has been stated that the
encroachments on both side of Patliputra Railway
Station has been removed. Further some
encroachments had resurfaced on the said land.
However it has also been removed which is apparent
from the photographs annexed with the report.
6. That as far as the encroachments from
the Shabri Nagar area under Mauja-Khalilpura is
concerned, it is humbly submitted that Sri Shyam
Sundar Kumar @ Shyam Sundar Kumar Manjhi and
others had filed C.W.J.C. No.-9547 of 2025 with
regard to their claim over the land in question under
Mauza-Hadaspura, Thana no.-38, Khata no. 268, Plot
no.-749, area-288 Sq. feet located in Shabri Nagar
Colony.
The Hon'ble Court after hearing the matter
has passed order dated-24.09.2025 whereby it has
been held "Considering the aforesaid submissions
made by the parties and the fact that the petitioners
have been residing upon the subject land for the last
40 years, settlement proceedings in Settlement Case
No. 04/2001-02 has been initiated and the matter is
still pending before the B.L.T. pursuant to the order
passed by this Court for settlement of land in favour of
the petitioners as per government circular, for the ends
Patna High Court MJC No.644 of 2020(16) dt.16-01-2026
3/4
of justice, it is ordered that till further order, the
possession of the petitioners upon the subject land
shall not be disturbed and their houses, huts etc.
situated upon the subject land shall not be
demolished.".
7. That in light of the order passed by the
Hon'ble Court in C.W.J.C. No.-9547 of 2025, further
action for removing the encroachments in the
Encroachment Case No.-02/2025-26 has been stayed.
8. That the Circle Officer, Patliputra has
submitted his report vide letter no-1757, dated-
11.12.2025 (Annexure-B Series) whereby the
encroachments from the land in question from
Aashiyana Road to Digha has been removed as found
in spot inspection on 11.12.2025. Further on spot
inspection dated-11.12.2025, it has been found that
there is no encroachment from Lojpa Office to
Secretariat. Earlier 36 temporary encroachments were
removed from the said land. Finally with regard to
encroachment from Gayan Ganga Book Stall to
Shyamal Hospital under Mauja-Khajpura,
Encroachment Case No-1017/2024-25 had been
initiated for removing temporary and permanent
encroachments made by 60 persons, whereby 26
encroachments were removed earlier. However the
remaining 34 persons are staying on the land by
constructing house under Indira Aawas Yojana. The
said 34 persons were issued notice under section 3 of
the Bihar Public Land Encroachment Act, 1956. After
considering the records the said Encroachment Case
No-1017/2024-25 has been dropped vide order dated-
09.09.2025 by the Circle Officer, Patliputra.”
4. Upon perusal of the statements referred to
Patna High Court MJC No.644 of 2020(16) dt.16-01-2026
4/4
hereinabove, it is evident that, admittedly, the encroachments
have already been removed in pursuance of the order passed by
the Writ Court. So far as the remaining encroachments are
concerned, the same could not be removed on account of the
interim order dated 24.09.2025 passed by this Court in CWJC
No. 9547 of 2025, whereby stay was granted with respect to the
removal of such encroachments.
5. Considering the aforesaid facts, no further order is
required to be passed in the present application. Accordingly, the
contempt application stands disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Ritesh Kumar, J)
vinita/-
U
Checking your session…