IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1486 of 2010 1. Md. JAWED HODA S/O AINUL HODA R/O CHAUDHARY MOHALLA, P.S.- KATIHAR, DISTT.- KATIHAR .....Petitioners Versus 1. THE STATE OF BIHAR 2. DEVOTAM VERMA S/O NOT KNOWN AT PRESENT POSTED AS COLLECTOR CUM DISTRICT MAGISTRATE, KATIHAR 3. RAKESH RAMAN S/O NOT KNOWN AT PRESENT POSTED AS CIRCLE OFFICER, KATIHAR BLOCK, KATIHAR ......Opposite Parties ----------- 5 23-11-2010 Heard the parties. In a public interest litigation directions were issued to the Circle Officer, Katihar that if the petitioner files an application for instituting a proceeding for removal of encroachment from public land then such application shall be entertained and disposed of expeditiously in accordance with law. According to the show cause filed on behalf of the State proceeding for removal of encroachment was initiated and orders were passed but the affected parties have preferred a writ petition bearing CWJC no. 16099/2010 in which the writ court granted interim stay on 10-11-2010. Now the matter is no longer in the realm of public interest litigation and is adversarial in nature. Hence, the affected parties including the petitioner are granted liberty to pursue their remedies by getting 2 themselves impleaded before the writ court or otherwise so that action in the encroachment proceeding is taken as per law and in the light of judgement of this court. With this observation and liberty the contempt application is disposed of. If the petitioner or the school in question succeeds in the writ case and still the encroachment is not removed, they will be at liberty to file another contempt application. BKS/- (T. Meena Kumari, J.) (Shiva Kirti Singh, J.)