IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.433 of 2007 ***** 1. Municipal Tax Payers Association, Mangal Bazar, Katihar, P.S. & District- Katihar through its Secretary, Prabhulal Parmar, S/O Deo Ram Parmar, P.S. & District- Katihar. 2. Surendra Kumar Jha, S/O Late Jaydeo Jha, resident of Naya Tola, Katihar, P.S. & District- Katihar. 3. Bhuwan Agrawal, S/O Sri Niwas Agrawal, resident of Mohalla- Bara Bazar, Naya Tola, Katihar, P.S. & District- Katihar. ……… Petitioners. Versus 1. The State Of Bihar 2. The District Magistrate namely Pran Mohan Thakur, Katihar. 3. Manohar Prasad Singh, the Superintendent of Police, Katihar. 4. Jai Prakash Mahto, The Chairman, Nagar Parishad, Katihar. 5. Uma Shankar Prasad, The Executive Officer, S.D.O.cum Special Officer, Nagar Parishad, Katihar. . . . . . . . Respondents-Contemnors. ----------- For the Petitioners : Mrs. Sushmita Mishra , Advocate For the Respondents : Mr. Rajesh Kumar Singh, Junior Counsel to Additional Advocate General-II ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 15th December, 2008. Having considered the entire material on record, we are satisfied that the respondents cannot be held guilty of having disobeyed the order of this Court. That the authorities have removed the encroachment does not seem to be in dispute. If fresh encroachment has been made, it cannot be said that the respondents have deliberately or willfully disobeyed the order of this Court. - 2 - 2. The contempt application is accordingly rejected. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-