IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1888 of 2006 DASARATH PRASAD, Son of Late Rameshwar Prasad, resident of Village-Basantpur, P.S. Basantpur, District-Siwan. ------------------Petitioner. Versus 1.STATE OF BIHAR . 2.Santosh Kumar Mall, the District Magistrate, Siwan 3.Sri Sawar Bharti, the Sub. Divisional Magistrate, Maharajganj, Siwan. 4.Sri Rashid Ahmad, the Circle Officer, Basantpur, District Siwan. 5.Sultan Ahmad, the District Education Officer, Siwan. 6.Sri Dineshwar Singh, Head Master, Govt. High School, Basantpur, P.S. Basantpur, District-Siwan. ----------(Respondent-Contemnors)-opposite parties. ----------- 16 1/4/2010 Heard learned counsel for the petitioner and learned counsel for the State. Grievance of the petitioner in this contempt application is that the order of this Court dated 9.3.2006 in C.W.J.C. No.11358 of 2005 has not been complied. In order to appreciate the aforementioned grievance it would be necessary to first take into account the directions of this Court in the aforementioned order. Operative portion of the said order reads as follows:- “In those circumstances, this writ petition is disposed of by directing the District Magistrate, Siwan to enquire, within a period of two months from today, whether any encroachment has been made in any part of the land belonging to the Government High School, Basantpur and if so to ascertain how such encroachment took place and thereupon to take such appropriate steps as is required to be taken for removal of such encroachment and also to punish those persons who did not protect the Government land from encroachers.” In the detailed pleadings which has been filed in this 2 contempt application followed by submissions of Mr. Kumar Alok, learned S.C.19 on behalf of the State, this much has transpired that there was palpable encroachment found against 13 persons and such encroachment have already been removed from the public land. In the proceedings against five of them it was found that their names were mutated in the revenue records and therefore as their names remained in the revenue records they could not be held to be the encroachers. The State, however, has now initiated a proceeding for cancellation of such entries made in the mutation record in favour of those five persons. Mr. Kumar Alok, learned counsel for the State informs that the affected five persons have again moved this Court in some proceeding challenging those orders and in the same there has been an interim order. In that view of the matter, the opposite parties cannot be said to be in contempt only because they have not been able to remove those five persons. Nonetheless, Mr. Kumar Alok, learned counsel for the State assures this Court that when the proceeding would come to an end and if it would be held that the State is entitled to remove them from the public land, the authorities will do the needful in this regard. Mr. Singh, learned counsel for the petitioner, however, would submit that the petitioner has no knowledge about any interim order passed by this Court in the writ petition of those five encroachers. 3 Recording the aforementioned submissions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)