IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2842 of 2005 Shrimati Shyam Dei Devi wife of Shri Sadhu Sharan Paswan, R/o Mohalla Bhatha Tatama Toli, P.s. Khazanchi Hat, District-Purnea. Versus STATE OF BIHAR & ANR ----------- 8. 15.12.2008. This application has been filed for initiating a proceeding for contempt against opposite party for non-compliance of the order dated 18.8.2004 passed in C.W.J.C.No.2967 of 2001. While disposing of the aforesaid writ application, this Court directed as follows: “xxx the petitioner should file an application before the Collector, Purnea who will issue notice to the necessary party and thereafter will determine the question as to whether there is encroachment over the public land or not and if anybody including the petitioner and respondent are found to have encroached upon the public land, then the Collector will take immediate steps for removal of the same after giving an opportunity of hearing to them.” Show cause was filed on behalf of opposite party no.2, the Collector, Purnea in which he has averred that the encroachment was earlier removed on 4.7.2006 and later on also, but subsequently, it was again encroached and the same was removed on 12.10.2008. Reply to the aforesaid show cause was 2 filed on behalf of the petitioner in which he has stated that “till today, encroachment is there in existence on the spot”. Taking note of the aforesaid, by order dated 21.11.2008, we had directed the Chief Judicial Magistrate, Purnea to make inspection and submit report. In the report so submitted, he has stated that there is no encroachment over the land in question. Petitioner, does not deny the same. In view of aforesaid, we are of the opinion that no case for initiating proceeding for contempt is made out. Application stands dismissed. ahk (C. K. Prasad) (Dr. Ravi Ranjan)