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Patna High Court

Upendra Prasad YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to approach the Circle Officer and disposed of the contempt petition.

Summary

The petitioner, Upendra Prasad Yadav, filed a contempt petition against the State of Bihar and its officials, alleging non‑compliance with a prior order of this Court dated 18‑03‑2023 in CWJC No. 1869 of 2023. The respondents demonstrated that the Circle Officer, Bankatwa, had issued a final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 on 01‑12‑2025 and that the alleged encroachment had been removed. The petitioner then sought liberty to raise any remaining grievances before the Circle Officer. The Court, after hearing counsel, granted the petitioner such liberty to approach the Circle Officer. Consequently, the Court disposed of the contempt petition.

Issues considered

  • What relief, if any, should be granted in a contempt petition where the respondents have complied with the earlier court order and the encroachment has been removed?
  • Whether the petitioner should be allowed to approach the Circle Officer for any further grievances before the contempt petition is dismissed?

Legislation cited

Subjects

  • contempt petition
  • public land encroachment
  • Bihar Public Land Encroachment Act
  • liberty to approach
  • compliance with court order

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.687 of 2024
                                                        In
                                  Civil Writ Jurisdiction Case No.1869 of 2023
                 ======================================================
                 Upendra Prasad Yadav Son of Kishun Ray, Resident of Village Banktwa, P.S.
                 Jitana, District East Champaran.

                                                                              ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Revenue Land Reforms,
                 Bihar, Patna.
           2.    The Collector, East Champaran.
           3.    The Sub Divisional Officer, Sikarahana, East Champaran.
           4.    Mr. Atul Kumar Badal son of not known, the Anchaladhikari Bankatwa, East
                 Champaran.
           5.    Mr. Sikandar Prasad Yadav, son of Kishun Ray, Resident of Village
                 Bankatwa, P.S. Jitana, District East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Amar Nath Singh, Adv.
                 For the State          :     Mr. Atul Shankar, AC to SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

5   11-03-2026                   At the outset, the learned counsel for the opposite

                   parties submits that in compliance of the order of this Court

                   dated 18.3.2023, passed in CWJC No. 1869 of 2023, the Circle

                   Officer, Bankatwa, East Champaran at Motihari has passed the

                   final order under Section 6(1) of the Bihar Public Land

                   Encroachment Act, 1956 on 1.12.2025 and thereafter, the

                   encroachment in question has also been removed.

                   2.       At this juncture, the learned counsel for the petitioner

                   submits that the petitioner be granted liberty to raise his

                   subsisting grievances, if any, before the Circle Officer,
         Patna High Court MJC No.687 of 2024(5) dt.11-03-2026
                                                     2/2




                   Bankatwa, East Champaran at Motihari. Liberty, so sought, is

                   granted.

                   3.      Accordingly, the present contempt petition stands

                   disposed off.


                                           (Mohit Kumar Shah, J)

Ajay/-

U


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