Disposed

Jawahar Prasad Singh and Ors. v. The State Of Bihar and Ors.

Patna HC13 Mar 2014MJC/3452/2013

Case brief

AI extract

What is this about?

In a contempt application, the Patna High Court closed the matter where the court found evicted encroachers had returned to the land following eviction orders. Leave was granted to the petitioners to approach appropriate courts for remedies against the new encroachment.

What did the court decide?

Contempt application closed; liberty granted to petitioners to seek remedy against re-encroachment.

Jawahar Prasad Singh and Ors. Vs The State Of Bihar and Ors. — Patna HC (2014) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Miscellaneous Jurisdiction Case No.3452 of 2013

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Civil Writ Jurisdiction Case No. 1396 of 2013

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Jawahar Prasad Singh son of Late Aklu Singh

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Rajeshwar Singh, son of Dewan Singh,

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Rajdeo Singh, son of Dewan Singh,

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Subhash Singh, son of Manki Singh,

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Birbal Singh, son of Late Aklu Singh,

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Sikander Kumar, son of Raj Deo Singh

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Manki Singh, son of Late Aklu Singh

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All residents of Village-Karmali, Police Station-Daud Nagar, District-Aurangabad. .... .... Petitioners

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Versus

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The State of Bihar.

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Mr. Abhay Singh, the Collector-cum-District Magistrate, Aurangabad.

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Mr. Daljeet Singh, Superintendent of Police, Aurangabad.

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Mr. Om Prakash Mandal, the Sub Divisional office, Daud Nagar, District-Aurangabad.

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Mr. Anil Kumar Choudhary, Circle Officer, Daud Nagar, DistrictAurangabad.

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.... .... Respondents

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====================================================== Appearance : For the Petitioners : Mr. M.K.Jha, Advocate

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Mr. Ashok Kumar, No.6, Advocate

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For the Opposite Parties : Mr. Mrigendra Kumar, A.C. to G.A.-11

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====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI

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and

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HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)

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4. 13-03-2014 Heard Mr. M.K.Jha, learned counsel for the petitioners, and Mr. Mrigendra Kumar, learned A.C. to G.A.-11 appearing for the Opposite Parties.

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Considering the fact that in reply to the show cause submitted by Opposite Party nos. 2, 3, 4 and 5, even the

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Patna High Court MJC No.3452 of 2013 (4) dt.13-03-2014

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2/2

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petitioners, in paragraph 3, admit that one Ranjit Singh, son of Late Moti Singh, and one Balmiki Singh, son of Late Hari Charan Singh, have, upon their eviction from the land in question, encroached upon the land once again, it logically falls that as far as the direction of this Court is concerned, the same had been complied with by the opposite parties in the month August, 2013.

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In the circumstances indicated above, this contempt

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application is closed.

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Petitioners shall, however, remain at liberty to take recourse to the appropriate provisions of law for remedy of their grievance that Ranjit Singh, son of Late Moti Singh and Balmiki Singh, son of Late Hari Charan Singh have, again, encroached upon the land, in question.

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In terms of the above observations, this application stands disposed of.

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(I. A. Ansari, J)

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(Samarendra Pratap Singh, J)

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Pawan/-

Jawahar Prasad Singh and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

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Jawahar Prasad Singh and Ors. v. The State Of Bihar and Ors.

Case brief

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What the court decided

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