IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3420 of 2008 RAMANAND YADAV, SON OF LATE BODH NARAYAN YADAV, R/M PARWATTI, LOWER JAM TAKRI ROAD, WARD NO. 17, P.S. UNIVERSITY(KOTWALI), DISTRICT BHAGALPUR---------------PETITIONER. Versus 1. THE STATE OF BIHAR 2. MR. SANTOSH KUMAR KAL, THE DISTRICT MAGISTRATE, BHAGALPUR 3. MR. KUNDAN KRISHNAN, SUPERINTENDENT OF POLICE BHAGALPUR 4. MR. MANOJ KUMAR CHOUDHARY, THE CIRCLE OFFICER, JAGDISHPUR BLOCK, DISTRICT BHAGALPUR-------------CONTEMNORS. ----------- 05. 19.03.2009. In compliance of the orders of this Court dated 17.2.2009, the contemnor Circle Officer, Jagdishpur is present and has filed supplementary show cause dated 16.3.2009. With the show cause dated 16.2.2009 the order sheet of the encroachment proceeding bearing Case No. 15/2006-2007 is annexed and marked as Annexure- A. Perusal of the said order sheet indicate that under order dated 27.10.2008, the encroachment proceeding was concluded holding that the petitioner has encroached over the lands of the graveyard. Later direction was made on 30.1.2009 to issue notice to the petitioner to remove the encroachment as was found under order dated 27.10.2008. In compliance of orders dated 27.10.2008 and 30.1.2009, notice dated 5.2.2009 was served on the petitioner directing him to remove encroachment from part of Plot no. 763 appertaining to Khata No. 912, Ward No. 17 to the extent of 2204 square feet. It is submitted on behalf of the petitioner that no formal opportunity of being heard was accorded to him - 2 - before passing orders dated 27.10.2008 and 30.1.2009, and the two orders be set aside on the ground of being violative of the principles of natural justice. In the event petitioner is not satisfied with the orders dated 27.10.2008 and 30.1.2009 and the notice dated 5.2.2009 he should be well advised to assail the same either before the appellate court or any other forum, which is expedient to him and with this observation this contempt application is disposed of. Rajesh/ (V.N.Sinha, J)