IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1828 of 2007 Ram Nandan Mahto, Son of Sri Ram Bahadur Mahto, resident of village- Kanu Bishanpur, P.S. Khanpur, District- Samastipur. .... Petitioners. Versus 1. The State of Bihar. 2. Dr. N. Sarvan Kumar, District Magistrate, Samastipur. 3. Raja Abhay Kumar Singh, Sub-Divisional Officer, Samastipur. 4. Ramashanker Prasad, Block Development Officer– cum- Circle Officer, Khanpur Block, Samastipur. 5. K.N. Singh, Officer-in-charge, Khanpur Police Station, Samastipur. ..... Opposite parties. ----------- 03- 19.08.2009 Heard Mr. Ghanshyam Choudhary for the petitioner, and Mr. Rajesh Kumar Singh, learned Assistant Counsel to Additional Advocate General No.2. This application under sections 10 and 12 of the Contempt of Courts Act, read with Article 215 of the Constitution of India, has been filed for the alleged non-compliance of the order dated 16.10.1998 (Annexure-2), passed in CWJC No.2290 of 1990, ordering for removal of encroachment from the Government lands. 2. The petitioner alleges that certain persons not impleaded as party respondents herein have encroached certain Government lands situate at Kanu Bishanpur, Block Khanpur, District Samastipur. The details of the area of the road where the encroachment is alleged to have taken place are stated in paragraph 4 of this application, and is reproduced hereinbelow for the facility of quick reference: 2 “4. That the roads old Kheshra No.1052, 201 and new Kheshra No.538, another old Kheshra No.936 and new Kheshra No.2273 is encroached by the local people.” 3. The opposite parties have placed on record their show-cause, wherein it is stated that the road covers a width of eight feet of metalled portion, and further three feet Kutcha flank on each side. In other words, the total width of the road is 14 feet wide. Paragraph 5 of the show- cause is reproduced hereinbelow for the facility of quick reference: “5. That in this connection it is submitted that the road in question which is 8 feet wide having three feet flank on both sides is free from all encroachments.” 4. Copies of this show-cause was served on learned counsel for the petitioner way back on 13.8.2009, but rejoinder to the same has not till date been filed. The cause shown by the opposite parties in paragraph no.5 of the show-cause that there is no encroachment on the Government lands has, therefore, to be accepted. The contempt application suffers from another serious defect. The alleged encroachers have not been impleaded as party respondents. 5. This application is dismissed. (S K Katriar, J.) (Jyoti Saran, J.) S.K.Pathak/ 3