IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1278 of 2010 1. MOINUDDIN, S/O DILDAR HUSSAIN, R/O VILLAGE SARANGPUR, POST OFFICE SHAKARA, P.S. GAUTAM BUDH NAGAR,(TARWARA),DISTRICT SIWAN. 2. NEYAZ AHMAD, S/O TAWARAKH HUSSAIN, R/O VILLAGE SARANGPUR, POST OFFICE SHAKARA, P.S. GAUTAM BUDH NAGAR,(TARWARA),DISTRICT SIWAN. 3. RAGHU NATH PRASAD, S/O LATE RITA BHAGAT, R/O VILLAGE SARANGPUR, POST OFFICE SHAKARA, P.S. GAUTAM BUDH NAGAR,(TARWARA),DISTRICT SIWAN. Versus 1. THE STATE OF BIHAR. 2. SRI SUDHIR KUMAR, THE SUB DIVISIONAL OFFICER, MAHARAJGANJ, DISTRICT-SIWAN. 3. SANJAY KUMAR, THE CIRCLE OFFICER, MAHARAJGANJ, DISTRICT- SIWAN. 4. SHAHID ANSARI, S/O LATE IMAM ALI ANSARI, R/O VILLAGE SARANGPUR, P.O.- SHAKARA, P.S. GAUTAM, BUDH NAGAR (TARWARA), DISTRICT-SIWAN. 5. KAMRUDDIN ANSARI, S/O SHAHID ANSARI, R/O VILLAGE SARANGPUR, P.O.- SHAKARA, P.S. GAUTAM, BUDH NAGAR (TARWARA), DISTRICT-SIWAN. 6. SHARFUDDIN ANSARI, S/O SHAHID ANSARI, R/O VILLAGE SARANGPUR, P.O.- SHAKARA, P.S. GAUTAM, BUDH NAGAR (TARWARA), DISTRICT-SIWAN. ----------- 05. 05.05.2011 From the show cause filed on behalf of the District Magistrate, Siwan, Sub-Divisional Officer and Circle Officer, Maharajganj, it is quite evident that in compliance of the orders of the High Court dated 31.3.2011 the Collector, Siwan along with other officers was present at the site for measurement of the drain in question on 21.4.2011 when occurrence as reported in the First Information Report of Maharajganj(G.B. Nagar) P.S. Case No.46 of 2011 dated 22.4.2011 is said to have taken place in presence of the District Magistrate, Siwan. Information about the FIR was not given in the supplementary show cause filed by opposite party no.3 on 29.4.2011, which persuaded this Court to direct for appearance of the officers 2 including District Magistrate, Siwan in the Court today. It is evident from the supplementary show cause of the officers filed today that had this Court been informed about the presence of the District Magistrate, Siwan at the spot on 21.4.2011 this Court may not have directed for appearance of the District Magistrate and other officers in the Court today. Realizing the aforesaid mistake counsel for the petitioners has chosen to withdraw the contempt petition, which is permitted to be withdrawn, however with observation that in the light of the undertaking recorded in paragraphs-10 and 11 of the show cause filed on behalf of opposite party no.3, the Circle Officer, Maharajagnaj the drain in question must be restored to its original length and width so that petitioners and others are not inundated by the rain/drain water. Opposite party nos.4 to 6 should also be provided with a path way by the side of the drain. Before parting with this order it is observed that officers including the District Magistrate, Siwan were obliged to inform this Court about the FIR of Maharajganj(G.B. Nagar) P.S. Case No.46 of 2011 while filing the show cause of opposite party no.3. Rajesh/ ( V. N. Sinha, J.)