IN THE HIGH COURT OF JUDICATURE AT PATNA MISCELLANEOUS JURISDICTION CASE NO.1646 OF 2010 SHIV PRAKASH SUMAN VILLAGE DAHIYAWAN TOLA, POLICE STATION CHAPRA TOWN, AT PRESENT HOUSE OF SRI BINOD SINGH (DAK BABU), MOHALLA- LOUKAHA BAZAAR, POLICE STATION LOUKAHA, DISTRICT MADHUBANI. VERSUS 1. STATE OF BIHAR 2. SRI A.SUBHANI, THE HOME COMMISSIONER CUM SECRETARY, GOVERNMENT OF BIHAR. PATNA 3. SRI PANKAJ KUMAR DISTRICT MAGISTRATE MADHUBANI 4. SMT MANJU JHA, SUPERINTENDENT OF POLICE MADHUBANI 5. SRI RADHEY SHYAM PRASAD, SUB DIVISIONAL OFFICER PHULPARAS 6. MR ARUN S. BLOCK DEVELOPMENT OFFICER KHUTAUNA BLOCK 7. SRI ADITYA KUMAR DAS, CIRCLE OFFICER KHUTAUNA CIRCLE, MADHUBANI. ---------------------------------- 8. 10.08.2011. The instant contempt petition is filed against non- compliance of order dated 28.10.2009, passed in C.W.J.C.No. 7743 of 2006. The petitioner has sought removal of unauthorized transgressions from his land bearing Khata no. 10 plot no. 720(old), and Khata no. 135, Plot no. 721 (old), measuring about 19 katha situated in village Bauraha, Police station Laukaha, district Madhubani. The petitioner states that some people have forcibly encroached upon his land. Section 144 Cr.P.C. proceeding was also initiated over the land in question. The District Magistrate, Madhubani vide letter no.111/revenue, dated 2 12.1.2006 contained in annexure 9 directed the Sub-divisional officer, Fulparas for making arrangement for rehabilitation of 21 families of Musahars on the Government land so that petitioner’s land could be freed from encroachment. This Court vide order dated 28.10.2009 disposed of the writ petition and directed the Sub-divisional officer, Fulparas to ensure compliance of order dated 12.1.2006, passed by the District Magistrate, Madhubani as contained in annexure 9. A suppl. show cause has been filed by opposite party no.7. In para 4 thereof it has been stated that vide memo no. 1047 dated 18.11.2010, the Circle officer, Khutauna informed the petitioner that the encroachers were ready to vacate his land and was asked to be present so that possession of land can be handed over to him. It has further been stated in para 5 that the encroacher Musahar families have vacated the land of the petitioner on 1.12.2010. A vacation certificate dated 1/12/2010, Annexure B to the counter affidavit, signed by all the encroachers and counter signed by the Circle officer Khutauna and the Mukhia are also annexed as Annexure B to the suppl. Counter affidavit. In the vacation certificate it has been mentioned that the Musahar families have been 3 rehabilitated on the land purchased by the Government. However, the petitioner submits that only a part of the land in question has been vacated by encroachers and as the encroached land is prime land, he is even willing to offer the alternate land for rehabilitation of remaining Musahar family. The contempt petition is disposed of with observation that if the petitioner makes such a proposal before the Collector, Madhubani, he would consider rehabilitation of remaining Musahar family, if any on the alternate land which the petitioner may propose. Shashi. (Samarendra Pratap Singh, J.)