IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1220 of 2011. Raj Kishore Singh son of Late Raj Nandan Singh, resident of village Paimar Ghat, Ex-Chairman, Paimar Primary Agricultural Sakh Society, Paimar, Punpun, Patna …. Petitioner. Versus 1. The State Of Bihar . 2. Mr. Jitendra Kumar Sinha, the then D.M., Patna. 3. Mr. Sanjay Kumar Singh, D.M. Patna. 4. Mr. Sita Saran, B.D.O., Punpun, Patna. 5. Mr.Arun Kumar Singh C.O, Punpun, Patna. 6. Mr. Pawan Kumar Sinha, S.D.O., Masaurhi, Patna … Opp. Parties. ----------- 4. 18.10.2011 Heard the parties. Pursuant to our direction, the District Magistrate, Patna as well as Sub-Divisional Officer, Masaurhi is present in court. On behalf of petitioner, a stand has been taken that in case of one Devi Prasad Yadav, the encroachment has been removed only in part and still some public land is under encroachment of Devi Prasad Yadav. Another grievance raised on behalf of petitioner is that he was intimidated by the S.D.O., Masaurhi and the local Deputy Superintendent of Police. The S.D.O., Masaurhi who is present in Court has informed the Court that the public land 2 in question has been made free of all encroachment and some construction made by Devi Prasad Yadav is on his own Raiyati land and hence that construction has not been removed. He has further submitted that no intimidation of any kind was given to the petitioner. So far as the case of Devi Dayal Yadav is concerned, the petitioner will be at liberty to take recourse to other alternative proceedings before the revenue court or the civil court, if he wants the public land to be measured for finding out whether still encroachment exists or not. So far as the threat or intimidation to the petitioner is concerned, in view of clear stand of the S.D.O. we do not find any justification for entering into such collateral issue, especially when the S.D.O. has assured us that the district administration shall provide necessary help and protection to the petitioner and his companion Shailendra, if there is any attempt to disturb their land or houses. Considering that the encroachment has now been admittedly removed, except some dispute in respect of Devi Prasad Yadav, we find no justification to continue with this contempt proceeding. It is, accordingly, disposed of. The 3 personal appearance of the District Magistrate is dispensed with. Jay/ ( Shiva Kirti Singh,J) (Shivaji Pandey, J)