Hanshlal Singh v. Sri Vivek Kumar Singh, the Principal Secretary
MJC/3719/2019 · 2025-09-19
Rajesh Kumar Verma, Sudhir Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74166 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74166 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3719 of 2019 In Civil Writ Jurisdiction Case No.2291 of 2019 ====================================================== Hanshlal Singh Son of Late Raja Singh Resident of Village- Sikariya Post office Bhewar Sikariya ,Police station Jehanabad, District- Jehanabad. ... ... Petitioner/s Versus
1. Sri Vivek Kumar Singh, the Principal Secretary Revenue and Land Reforms Department, State of Bihar, Patna. 2. Sri Navin Kumar The District Magistrate- cum -Collector, Jehanabad. 3. Smt. Nivedita Kumari The Sub Divisional Magistrate Jehanabad. 4. Sri Sanjay Kumar Ambast The Circle officer, Block and Anchal- Jehanabad, District- Jehanabad. 5. Sri Devendra Kumar Paswan The Block Development Officer, Block and Anchal Jehanabad, District- Jehanabad. 6. Sri Bhushan Srivastava The Station House Officer (Incharge), Police Station and District- Jehanabad. 7. Bhim Singh Son of Late Nanhak Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 8. Prem Kumar Son of Bhim Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 9. Shiv Kumar Son of Late Govind Thakur Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 10. Lay Paswan Son of Lalan Paswan Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 11. Budhan Paswan Son of Late Bishram Paswan Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 12. Ramdeo Paswan Son of Ghutar Paswan Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 13. Dilip Ram Son of Late Baliram Ram Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 14. Sahdeo Singh Son of Late Nanhak Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 15. Sidheswar Prasad Singh Son of Late Deolal Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 16. Chandeshwar Singh Son of Late Deolal Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 17. Rajdeo Singh Son of Late Raghunandan Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 18. Chhotu Baitha Son of Late Nathun Baitha Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. Patna High Court MJC No.3719 of 2019(8) dt.19-09-2025 2/4
19.
Siyaram Sao Son of Late Rajendra Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 20. Subodh Sao Son of Late Rajendra Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 21. Wakil Rajak Son of Late Nathun Baitha Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 22. Dinanath Sao Son of Late Khelawan Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 23. Kamlesh Sao Son of Late Lachki Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 24. Dharmi Sao Son of Late Lachki Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. 25. Arun Kumar Son of Late Jamuna Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Md. Khurshid Alam, AAG 12 ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 8 19-09-2025 The present contempt application has been preferred against the order dated 07.02.2019 passed in C.W.J.C No. 2291 of 2019.
2. The following observations have been made in the aforesaid writ application:-
“In such circumstances, this writ petition is
disposed with liberty to the petitioner to raise his grievance by filing appropriate application before the Collector under the Bihar Public Land Encroachment Act, 1956 i.e. respondent no. 4 by arraigning the alleged encroachers as party and also demonstrating the extent of encroachment allegedly made by them and it goes
Patna High Court MJC No.3719 of 2019(8) dt.19-09-2025 3/4 without saying that any such application filed under the provisions of 'the Act' by the petitioner would be considered and disposed of by the respondent no. 4 in accordance with law with due opportunity of hearing to the petitioner as well as alleged encroachers expeditiously and preferably within six months of its filing.”
3. In light of the said observations, the petitioner had preferred a representation dated 19.02.2019 before the District Magistrate-cum-Collector, Jehanabad, which is annexed as Annexure-2 in the present contempt petition. The plots as indicated in the representation are 260, 1063 and 60 pertaining to Khata No. 223, where it was alleged that the encroachment had been made by the private parties.
4. A supplementary show cause has been filed and following statements have been made in Paragraph Nos. 6 & 7 which are quoted herein below:-
“6. That upon expiry of the notice period on 30.08.2025, the Removal of Encroachment was duly carried out on 31.08.2025 with the assistance of Police Force, Magistrate, JCB machines and labourers. Wherever JCB machines could not reach due to inaccessibility, the encroachment was removed manually by labourers.
7. That thereafter, this Respondent has also written to the Officer-in-Charge, Sikaria Police Station, Jehanabad, directing him to maintain strict vigil and ensure that no further encroachment takes place over the subject land.”
Patna High Court MJC No.3719 of 2019(8) dt.19-09-2025 4/4
5. Considering the statement made in the supplementary show cause, we find no reason to proceed further.
6. Accordingly, the present contempt petition stands
disposed of in light of the statements made in the supplementary show cause.
vanisha/anushka (Sudhir Singh, J) (Rajesh Kumar Verma, J) U