IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2961 of 2005 HARSH ANUJ Versus STATE OF BIHAR & ORS ----------- 2. 11.9.2008. This application has been filed for initiating a proceeding for contempt against opposite party for non-compliance of the order dated 9.2.2005 passed in C.W.J.C.No.1887 of 2005. Mr. Jitendra Kumar Roy appears for the petitioner, whereas the opposite party is represented by JC to G.A. Petitioner came to this Court making a grievance that the construction is being made by private person over the encroached portion of the land. This Court disposed of the writ application giving opportunity to the petitioner to approach the District Magistrate, who, in turn, was asked to pass necessary order in accordance with law. It is contended that the aforesaid order of this Court was brought to the notice of the District Magistrate by the petitioner by letter dated 10.5.2005 (Annexure-2) in which it has been stated that adjacent to the school, there is a government land which was - 2 - used by the school as its play ground but over that, Commercial-cum-residential house has been constructed. It is the grievance of the petitioner that no step has been taken for removal of the encroached land from the said play ground. Petitioner has not given the plot number of the land over which the encroachment has been made. In that view of the matter, opposite party were not obliged to pass any order in regard thereto. In that view of the matter, we are of the opinion that this application for initiating a proceeding for contempt is absolutely misconceived. Petitioner, if so advised, may take recourse to any other remedy available to him in law. Application stands dismissed with the observation aforesaid. (C.K.Prasad) (Dr.Ravi Ranjan) ahk