IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1730 of 2008 Brij Kishore Thakur son of Late Yogi Thakur, resident of village, Amwa, P.S. Kotwa, District East Champaran……..Petitioner. Versus 1. The State of Bihar 2. Mr. Jiwan Kumar Sinha, the Collector-cum-District Magistrate, East Champaran, Motihari……………………………Opposite parties. For the petitioner : Mr. Virendra Kuar, Advocate. For the opposite parties: M/s S. Arshad Alam,SC-4 and Fakhruddin Ali Ahmad, AC to SC-4 ----------- 08/ 04.08.2010 Heard learned counsel for the petitioner and learned counsel for the opposite parties. 2. This petition has been filed by the petitioner for initiating a proceeding of contempt against opposite party no.2 for his willful and deliberate disobedience of order dated 22.06.2006 passed by this court in C.W.J.C. No.16541 of 2004. 3. By the said order dated 22.06.2006 the petitioner was directed to file a representation before the District Collector of Motihari within fifteen days from that day stating the entire facts and circumstances of the case and if such representation was filed, the Collector was directed to look into the matter and if any order for removal of encroachment had already been passed and had not been challenged, the District Collector was directed to take necessary action for removal of the encroachment from the public land which should be done by passing an appropriate order expeditiously preferably within two months from the date of receipt of a copy of the said order. 2 4. From the admitted facts of the case as well as the materials on record, it is quite apparent that the petitioner did not file any representation before the Collector within fifteen days as directed by this court vide order dated 22.06.2006 and he filed a representation much thereafter on 10.07.2006 and subsequently he filed another application on 21.09.2006. Since the petitioner himself had not complied the order of this court within time by way of filing a representation before the District Collector, there was no occasion for the authority concerned to consider such representation. 5. However, in paragraph-6 of the show-cause of opposite party no.1, it is specifically stated that on 22.08.2006 the entire encroachment was removed from the public land by the help of police force and as such the order of this court has been fully complied. In support of the said contention the relevant extracts of order sheet of Land Encroachment Case No.01 of 2003-2004 have been annexed to the said show-cause. 6. In the aforesaid facts and circumstances of this case, it is quite apparent that no case for initiating a proceeding of contempt is made out. Furthermore, if Bhola Paswan and Jeetan Paswan or anyone else has thereafter again encroached public land in question, the petitioner will be at liberty to file a case under provision of section 3 of the Bihar Public Land Encroachment Act 1956 before the Collector under the Act. If such an application is filed, it has to be considered by the authority concerned afresh in 3 accordance with law , expeditiously. 7. With the aforesaid observations/directions, this petition is disposed of. harish/ ( S. N. Hussain, J. )