Disposed¶47

Hanshlal Singh v. Sri Vivek Kumar Singh, the Principal Secretary

Patna HC19 Sept 2025MJC/3719/2019

Case brief

AI extract

What is this about?

Contempt — compliance with writ order dated 07.02.2019 in C.W.J.C No. 2291 of 2019; Bihar Public Land Encroachment Act, 1956; application before Collector/District Magistrate-cum-Collector, Jehanabad; encroachment removed on 31.08.2025 after notice period expired 30.08.2025; plots 260, 1063 and 60, Khata No. 223, village Sikariya, Jehanabad; supplementary show cause; vigil by Officer-in-Charge, Sikaria Police Station; contempt petition disposed, no further action; no costs or damages awarded.

What did the court decide?

Contempt petition disposed of with no further proceedings, in light of the Respondent's reported compliance (encroachment removed on 31.08.2025 and vigil directed against re-encroachment). ¶47

Hanshlal Singh Vs Sri Vivek Kumar Singh, the Principal Secretary — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt petition disposed of with no further proceedings, in light of the Respondent's reported compliance (encroachment removed on 31.08.2025 and vigil directed against re-encroachment).

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Issue for consideration

Whether the contempt application seeking compliance with the order dated 07.02.2019 passed in C.W.J.C No. 2291 of 2019 should be proceeded with, in view of the Respondent's supplementary show cause reporting removal of the encroachment and steps to prevent re-encroachment.

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Court's answer

Considering the statements made in the supplementary show cause (removal of encroachment completed on 31.08.2025 after expiry of the notice period on 30.08.2025, and direction to the Officer-in-Charge, Sikaria Police Station to maintain strict vigil), the Court found no reason to proceed further with the contempt application.

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Ratio / Principle

The present contempt petition stands disposed of in light of the statements made in the supplementary show cause.

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Detailed headnote1 paragraphs

Patna High Court (order per Sudhir Singh, J.; bench of Sudhir Singh and Rajesh Kumar Verma, JJ.) disposed of a contempt application (MJC No. 3719 of 2019) founded on the order dated 07.02.2019 in C.W.J.C No. 2291 of 2019, whereby the petitioner had been granted liberty to move the Collector, Jehanabad (respondent no. 4) under the Bihar Public Land Encroachment Act, 1956 against alleged encroachers in respect of plots 260, 1063 and 60 of Khata No. 223, village Sikariya, with a direction for expeditious disposal preferably within six months. Acting on the Respondent's supplementary show cause — that the notice period expired on 30.08.2025 and the encroachment was removed on 31.08.2025 with the assistance of Police Force, Magistrate, JCB machines and labourers, and that the Officer-in-Charge, Sikaria Police Station was directed to maintain strict vigil against further encroachment — the Court found no reason to proceed further and disposed of the contempt petition.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3719 of 2019

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Civil Writ Jurisdiction Case No.2291 of 2019

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Hanshlal Singh Son of Late Raja Singh Resident of Village- Sikariya Post office Bhewar Sikariya ,Police station Jehanabad, District- Jehanabad.

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... ... Petitioner/s Versus

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Sri Vivek Kumar Singh, the Principal Secretary Revenue and Land Reforms Department, State of Bihar, Patna.

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Sri Navin Kumar The District Magistrate- cum -Collector, Jehanabad.

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Smt. Nivedita Kumari The Sub Divisional Magistrate Jehanabad. 4. Sri Sanjay Kumar Ambast The Circle officer, Block and Anchal- Jehanabad, District- Jehanabad.

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Sri Devendra Kumar Paswan The Block Development Officer, Block and Anchal Jehanabad, District- Jehanabad.

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Sri Bhushan Srivastava The Station House Officer (Incharge), Police Station and District- Jehanabad.

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Bhim Singh Son of Late Nanhak Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Prem Kumar Son of Bhim Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Shiv Kumar Son of Late Govind Thakur Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Lay Paswan Son of Lalan Paswan Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Budhan Paswan Son of Late Bishram Paswan Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Ramdeo Paswan Son of Ghutar Paswan Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Dilip Ram Son of Late Baliram Ram Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Sahdeo Singh Son of Late Nanhak Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Sidheswar Prasad Singh Son of Late Deolal Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Chandeshwar Singh Son of Late Deolal Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Rajdeo Singh Son of Late Raghunandan Singh Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Chhotu Baitha Son of Late Nathun Baitha Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Patna High Court MJC No.3719 of 2019(8) dt.19-09-2025 2/4

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Siyaram Sao Son of Late Rajendra Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Subodh Sao Son of Late Rajendra Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Wakil Rajak Son of Late Nathun Baitha Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Dinanath Sao Son of Late Khelawan Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Kamlesh Sao Son of Late Lachki Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Dharmi Sao Son of Late Lachki Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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Arun Kumar Son of Late Jamuna Sao Resident of Village -Sikariya , P.O Bhewar Sikariya Anchal and Block and District- Jehanabad.

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Md. Khurshid Alam, AAG 12 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

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8 19-09-2025

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The present contempt application has been preferred against the order dated 07.02.2019 passed in C.W.J.C No. 2291 of 2019.

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The following observations have been made in the aforesaid writ application:-

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“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

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Patna High Court MJC No.3719 of 2019(8) dt.19-09-2025 3/4

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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.”

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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.

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A supplementary show cause has been filed and following statements have been made in Paragraph Nos. 6 & 7 which are quoted herein below:-

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“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.”

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Patna High Court MJC No.3719 of 2019(8) dt.19-09-2025 4/4

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