IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.991 of 2008 4 11.11.2009 Ram Udgar Singh son of late Rameshwar Singh, resident of village Baudiha, Mouza Kariyan, Anchal Roshra, P.S. Roshra, Thana NO.43, District Samatipur ..... Applicant VERSUS 1. The State of Bihar 2. Sri Asargou Chaua Aao, District Magistrate, Samastipur 3. Sri Ajay Kumar Srivastava, S.D.O. Roshra 4. Md. Tanvir Alam, Working as Circle Officer, Shivaji Nagar, Roshra, Samastipur 5. Md. A. Rahman, Revisional Survey Officer, Sub Division, Roshra, Darbhanga 6. Baidnath Mandal Son of Tanke Mandal 7. Dilip Mandal Son of late Shivdutt Mandal 8. Ram Chandra Mandal Son of late Shivdutt Mandal (opposite parties 6,7 and 8) Residents of village –Baudiha, Post Raniparti, District Samstipur. ...... Opp.Parties ------- Heard the parties and perused the show cause filed on behalf of respondent authorities. According to the said show cause, about two decimals of RSP No.11561 has been shown as land of opposite parties no.6 to 8 on account of their claiming settlement through Darbhanga Raj. It is also admitted that in the cadastral survey this land along with another piece of land was shown as Gairmajarua Aam land as road. Since revisional operation was finalized in the year 1985, 2 the respondent authorities of the State are finding difficulty in treating opposite parties no.6 to 8 as rank encroacher and in evicting them from two decimals of land in dispute. In the facts and circumstances of the case, we are of the view that respondent authorities cannot be held guilty of contempt inasmuch as some authoritative decision or declaration is required by competent legal authority or a court to undo the advantage which opposite parties no.6 to 8 have derived on account of revisional survey entry in their favour. Hence, this application for initiating contempt proceeding is disposed of but with liberty to the petitioner that if so advised, he may pursue his remedy before appropriate authority or court in accordance with law. (Shiva Kirti Singh,ACJ) (Shyam Kishore Sharma,J.) sk