IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1120 of 2007 RANG BAHADUR SINGH son of Late Saryug Singh, resident of Village Gai P.O.Chand P.S.Chand District Kaimur at Bhabhua. Versus 1.STATE OF BIHAR 2.Sri Massod Hassan,District Magistrate,Bhabhua P.S. & District Kaimur at Bhabhua 3.Sri Sanjay Kumar,Subdivisional Officer,Bhabhua P.S. & District Kaimur at Bhabhua 4.Md. Rizwan Circle Officer,Chand P.S.Chand District Kaimur at Bhabhua. ----------- 3 29.4.2009. This application has been filed by the petitioner for initiating proceeding of contempt against opposite parties who knowingly and deliberately flouted the order passed by this Court in C.W.J.C.No.2581 of 2007. The direction of this Court was to the opposite parties for taking necessary steps for proper functioning of the distributory canal (paen) no.35 in the interest of the people at mass. The petitioner was directed to make representation before the District Magistrate, Bhabhua and the District Magistrate, Bhabhua was directed to consider the representation and redressed the grievance voiced in the representation in accordance with law. Show cause has been filed on behalf of opposite parties. In the show cause it has been stated that the enquiry was conducted and the Circle Officer, considered all relevant facts and document relating to Chaknali no.35 Khata no.24 Plot no.23/35 of Village Rasulpur District Kaimur which was entered in Chak Khatiyan as public land, has been encroached by the Birendra Singh. Thereafter the Circle Officer passed order dated 27.7.2007 for removing the said encroachment and the encroacher Birendra Singh 2 was directed to remove the illegal encroachment otherwise he will be liable for punishment under Section 188 of the Indian Penal Code. Since the encroachment was not removed within the stipulated time as such S.P.Kaimur was requested to depute police force for removing the said encroachment. The Circle Officer along with the police force went on the spot to remove the encroachment and finally encroachment has been removed which is evident from the letter dated 4.1.2008 of Circle Inspector, Chand. Copy of the said letter has been annexed as Annexure-A to the show cause. Considering the aforesaid fact that the direction of this Court has duly been complied, the proceeding of contempt is dropped. Sss/- (Mridula Mishra, J) (Shailesh Kumar Sinha, J)