IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2706 of 2007 BISHWANATH PRASAD SON OF LATE MAHABIR PRASAD, RESIDENT OF NAYATOLA, NEAR ARYA KANYA VIDYALAYA, BARI PATH, P.O. BANKIPUR, POLICE STATION KADAMKUAN, DISTRICT PATNA. ... ... PETITIONER Versus 1. THE STATE OF BIHAR 2. RANA AWADHESH SINGH, MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPORATION, PATNA. 3. AJAY KUMAR SINGH, OFFICER-IN-CHARGE,KADAMKUAN POLICE STATION, DISTRICT PATNA. 4. SMT. RAMBHA DEVI WIFE OF SHRI AJAY KUMAR ALIAS AJAY THAKUR, RESIDENT OF NAYATOLA, HINDUSTAN BLOCK CENTRE, NEAR ARYA KANYA VIDYALAYA, BARI PATH, P.O. BANKIPUR, POLICE STATION KADAMKUAN, DISTRICT PATNA. 5. AJAY THAKUR SON OF RAM PRASIDH THAKUR, RESIDENT OF NAYATOLA, HINDUSTAN BLOCK CENTRE, BARI PATH, P.O. BANKIPUR, POLICE STATION KADAMKUAN, DISTRICT PATNA. ... RESPONDENTS/OPPOSITE PARTIES. ----------- 7. 4.11.2009. In compliance of my order dated 28.10.2009, Municipal Commissioner, Patna is present along with his counsel. It is submitted on his behalf that having measured the lane in question the encroachments have been marked but the demolition in terms of the marking has not yet been made as many of the encroachers were not made party either in the writ petition or in the contempt application and in fitness of things it is appropriate that the encroacher(s) who were not made party in the writ petition must be given opportunity of - 2 - N.H./ being heard. In order to grant such opportunity to the encroachers notice shall be given to all the encroachers including the petitioner and private opposite party herein within three days from today giving owner/encroachers opportunity to file their show cause within another seven days and thereafter, the final order shall be passed within another two weeks. In terms of the final order demolition shall be undertaken within one month of the final order. In view of the undertaking aforesaid of the Municipal Commissioner, this contempt application is disposed of. ( V.N. Sinha,J.)