IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4169 of 2009 1. NEELAMA MANDAL, W/O LATE SHAILENDRA KUMAR MANDAL. 2. ARYA KUMAR MANDAL, S/O NEELAMA MANDAL. BOTH RESIDENT OF BHATTA BAZAR, WARD NO.5/15, PURNEA MUNICIPALITY, P.S.K. HAT, DISTRICT PURNEAL. --------- PETITIONERS Versus 1. THE STATE OF BIHAR . 2. MR. SANJAY KUMAR UPADHAY, LAND REFORMS DEPUTY COLLECTOR, SADAR, PURNEA, DISTT.- PURNEA. 3. MR. NIRAJ KUMAR KHARIWAK/L, SUB DIVISIONAL OFFICER, SADAR, PURNEA, DISTT.- PURNEA. 4. MR. SAILESH NANDAN DIWAKAR, EXECUTIVE OFFICER PURNEA MUNICIPALITY, PURNEA, DISTT.- PURNEA. 5. SRI SURENDRA NAHAR, S/O LATE BACHHRAJ NAHAR, R/O BHATTA BAZAR, P.S. K. HAT, DISTT.- PURNEA. 6. SRI RAJENDRA NAHAR, S/O LATE BACHHRAJ NAHAR, R/O BHATTA BAZAR, P.S. K. HAT, DISTT.- PURNEA. ------- OPPOSITE PARTIES ----------- 4 22.6.2011 Having heard learned counsel for the parties and taking into account the show- cause, which has been filed by the Collector of Purnea district, this Court is satisfied that the earlier order of this Court dated 27.3.2009 in CWJC No. 11486 of 2001 stands complied. In fact, the defence taken by the Collector of the Purnea district, personally present before this Court today, has been supported by the counsel for the respondent no.5, who says that he has removed the encroachment as directed by this Court. Though, Mr. Udayan Chaudhary, learned counsel 2 for the petitioner, would have liked this Court to go into the correctness of this aspect but, he too realizes that the Municipal Authorities, who had passed the order for removal of the encroachment, are themselves satisfied of compliance of their order. Mr. Chaudhary would, however, submit that it is by way of vengeance and/or retaliation that a proceeding alleging encroachment has been started against the petitioner as a fall out of this contempt application. This Court would not like to make any specific observation as with regard to the aforesaid new aspect but, then, it is made clear that nothing should be done by the concerned authorities which would even give a smell of vengeance or retaliation. That being so, when the order directing removal of encroachment has been complied, it has to be held that this application has become infructuous and is, accordingly, disposed of with the aforementioned observations. 3 The personal appearance of Mr. N. Saravana Kumar, Collector, Purnia is also dispensed with. Rsh (Mihir Kumar Jha, J.)