IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2738 of 2011 Bharat Narain Mishra, SON OF MAHARSHI KHAKI BABA, RESIDENT OF MOHALLA KHAKI BABA HATA, CHARITRAVAN, BUXAR, P.S.- BUXAR, DISTRICT- BUXAR :---PETITIONER. Versus 1. The State Of Bihar THROUGH THE CHIEF SECRETARY SHRI ANUP MUKHERJI, SON OF NOT KNOWN, OLD SECRETARIAT, PATNA. 2. THE COLLECTOR, BUXAR THROUGH SHRI AJAY YADAV, SON OF NOT KNOWN. 3. THE SUB DIVISIONAL OFFICER, BUXAR THROUGH NISHIT VERMA, SON OF NOT KNOWN. 4. THE DEPUTY S.P., BUXAR THROUGH ATBIND KUMAR GUPTA, SON OF NOT KNOWN. 5. THE CIRCLE OFFICER, BUXAR, DISTRICT BUXAR, THROUGH VIJAY KUMAR SINGH, FATHER’S NAME NOT KNOWN :---OPPOSITE PARTIES 1ST SET. 6. KAMATA CHOUBEY PROF. IN-CHARGE, M.V.COLLEGE, BUXAR. FATHER’S NAME NOT KNOWN. 7. BHAGWAT DUBEY, SON OF LATE RAM SHARAN DUBEY, RESIDENT OF VILLAGE PURAINIYAN, POLICE STATION SIKROUL, DISTRICT BUXAR, POOJARI OF TEMPLE, RAM JANKI TEMPLE. 8. PAWAN KUMAR DUBEY, SON OF LATE SHEO NARAIN DUBEY, RESIDENT OF MOHALLA CHINI MILL, BUXAR, P.S.- BUXAR (POOJARI) OF RANI SATI MANDIR. 9. TAPESHWAR CHAUBEY, SON OF NAND JEE CHOUBEY, RESIDENT OF VILLAGE- SAWAN BAHAR, POLICE STATION ITARHI, DISTRICT BUXAR (TENANT). 10. REGISTRAR SHRI BRAJESH KUMAR, FATHER’S NAME NOT KNOWN. VEER KUMAR SINGH UNIVERSITY, ARA. 11. DR, G.N.ROY, VICE CHANCELLOR VEER KUMAR SINGH UNIVERSITY ARA :---OPPOSITE PARTIES 2ND SET. ---------------------------------- For the petitioner :- M/S S.N.Pathak, Kumar Gautam, Advocates. For the State :- Mr. Lalit Kishore, A.A.G.-1. For the University :- Mr. Sunil Kumar Mandal, Advocate. For the Principal :- Mr. M.K.Sinha, Advocate. ======= 4. 04.11.2011. In compliance of the order of the High Court dated 30.09.2011 and 12.10.2011 the Sub-Divisional Officer, Buxar is present and states that District Magistrate, Buxar is on leave and that is why he is not present in Court. It is submitted by A.A.G.-1 on the basis of instructions received from the Sub-Divisional Magistrate that compliance of the order of the High Court dated 04.03.2011 passed in C.W.J.C.No. 3844 of 2006, Annexure-1 has been substantially made and possession 2 of the major portion of the building in compliance of the order dated 04.03.2011 has been restored to the petitioner from where he was dispossessed on 19.2.2006 in compliance of the order dated 14.2.2006 passed by the Sub-Divisional Officer, Buxar. Possession of the remaining portion shall be handed over to the petitioner on 5.11.2011 as counsel for the Principal of the College has undertaken that Principal shall be available for handing over the possession of the remaining portion to the petitioner on 5.11.2011 which could not be earlier handed over to the petitioner on 3.11.2011 as on that day College Principal was not present. The District Administration, however, put its lock on the office portion so as to divest the College of its possession. In view of the statement made on behalf of the Sub-Divisional Officer and the College Principal the contempt petition is disposed of. It is made clear that if the undertaking recorded in this order is not complied with, petitioner shall be at liberty to again approach this Court by filing a brief petition. In case of non-cooperation by the College Principal the District Administration shall be at liberty to prepare the inventory and take forcible possession from the College and its Principal. P.K.P. (V.N.Sinha,J.)