IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2074 of 2008 VIVEKANAND CHOUDHARY, S/o late Bansidhar Choudhary, R/o village Koath, P.S. Dawath, District Rohtas …… Petitioner Versus 1. STATE OF BIHAR 2. Mr. Vikash Vaibhav, District Magistrate, Rohtas at Sasaram, District Rohtas 3. Mr. Shiv Dani Singh, Sub Divisional Officer, Bikramganj, District Rohtas 4. Dharmendra Choudhary, Son of Sri Shambhu Choudhary, Chairman, Notified Area, Koath, P.S. Dawath, District Rohtas ….. Respondents ----------- For the petitioner : Mr. Rana Pratap Singh, Advocate For the State : Assistant Counsel to A.A.G. III ------ 2 22.01.2010 This contempt application has been filed for violation of the order dated 29.7.2003 passed by this Court by which a direction was issued to the District Magistrate, Rohtas at Sasaram to verify, get the land of the petitioner measured and see whether a road was being constructed on the raiyati land of the petitioner and if it was found that the road was being constructed on his raiyati land then he would not permit any person to construct the road; however, if it was found that the road was not being constructed on his raiyati land then he shall proceed to construct the road; and till verification/measurement was made the interim order 2 passed on 28.1.2003 prohibiting the carrying out of any construction activity on the land of the petitioner was to continue. Learned counsel for the petitioner submits that again construction of road has been started on the said raiyati land of the petitioner in the year 2008 which has necessitated the filing of the present contempt application. In the show cause filed on behalf of opposite party no. 3, the Sub Divisional Officer, Bikrmganj, it is stated that as soon as the opposite parties were informed by the petitioner about the said fact of work again being carried on the said road, steps were taken and the land of the petitioner was measured by the Amin on 28.10.2008 and the construction of the road over the said land was also stopped even prior to that which fact also has been verified in the Amin’s report . In the above circumstances, on the basis of the aforesaid averments made in the show cause of opposite party, the contempt application is disposed of. Spd/- (Ramesh Kumar Datta, J.)