IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1618 of 2010 SURAJ MAHTO, SON OF LATE CHAUDHUR MAHTO, RESIDENT OF VILLAGE-MAGHWAR, P.O.-LADHI SARARI, P.S.-JAMO BAZAR, DISTRICT-SIWAN(BIHAR)----- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SRI ANUP MUKHERJEE THE CHIEF SECRETARY, PATNA(BIHAR) 2. SRI BALA MURUGAN D., THE DISTRICT MAGISTRATE DISTRICT-SIWAN(BIHAR) 3. SRI KRISHNA MOHAN PRASAD, THE CIRCLE OFFICER, GORIYA KOTHI CIRCLE, DISTRICT-SIWAN(BIHAR). 4. KAMAL CHAUDHARI, SON OF MAKARBHUL CHAUDHARI, VILLAGE-MEGHWAR, P.O.- LADHI SARARI, P.S.-JAMO BAZAR, DISTRICT-SIWAN(BIHAR). 5. DHARMNATH SAH, SON OF KHUB LAL SAH, VILLAGE-MEGHWAR, P.O.-LADHI SARARI, P.S.-JAMO BAZAR, DISTRICT- SIWAN(BIHAR).--- (CONTEMNERS)OPPOSITE PARTIES. ----------- 4. 24.02.2011. The present MJC petition has been filed for violation of order passed on 24.8.2009 in C.W.J.C.No.10391 of 2009 by a Division Bench of this court in following observations have been made. “In the facts and circumstances, we dispose of the writ petition with the observation that respondent no.3 shall look into the matter and if there is any encroachment take appropriate steps in accordance with law for the removal of the encroachment. This order should not be construed as expressing any opinion on merits of the contentions of the parties.” A supplementary show cause has been 2 filed by the Opposite Parties-contemnor mentioning therein that encroachments have already been removed in pursuance to the order passed by this court. However, such statement is disputed by the counsel for the petitioner. Under the above circumstance we are of the opinion that the petitioner can avail the alternative remedy under law if he still feels that the encroachments are available there and the order of this Court is not fully complied. With the above observations, this M.J.C. is closed. B.Kr. ( T.Meena Kumari,J. ) ( Dharnidhar Jha,J.)