1. The contempt application has been filed for initiating a contempt proceeding against opposite party No.2 (Dinesh Kumar Lal) for violating the order dated 20.3.2002 of this Court passed in the connected writ petition bearing C.W.J.C. No. 2089/2002.

2. The allegation of the petitioner is that even though the maintenance of status quo by all the parties was ordered by this Court on 20.3.2002 and notice was issued and served upon opposite party No.2 during the month of April, 2002, yet he alongwith others started construction over the land which is still continuing.

3. It is submitted that the petitioner informed the Officer-in-charge of Khodawanpur Police Station on 24.8.2002 and thereafter he filed a petition on 27.8.2002 before the S.D.O., Mazaul, Begusarai, yet the opposite party No.2 has continued with the construction work.

4. In a supplementary affidavit sworn on 7.7.2008, the petitioner has again asserted that on 19.4.2008, the opposite party No.2 started collecting materials for starting construction on the land, which is the subject matter in the writ petition. On learning about the same, the petitioner sent an information on 23.4.2008 to the S.D.O. Mazaul in this regard and on 24.4.2008, a similar petition was sent to the Officer-in-charge, Khodawanpur. Again on 24.4.2008, the petitioner sent a petition to the S.D.O., Mazaul when opposite party No.2 started making construction over the land and when no action was taken by the police, another petition was filed on 30.4.2008 by the petitioner before the S.D.O., Mazaul. Learned counsel for the petitioner produced four photographs taken a few days earlier to show that a fresh construction has been made by opposite party No.2 adjoining to the boundary wall of the petitioner. It is stated by learned counsel for the petitioner that the said construction was made in the year 2002 after the interim order of status quo was passed by this Court.

5. In the show cause filed on behalf of opposite party No.2, it is stated that there has never been any disobedience of the order dated 20.3.2002 of this Court regarding the maintenance of status quo. It is asserted in the said show cause that opposite party No.2 has not made any construction over the land in question since 2001 and the statements made in the contempt application have been denied. It is, on the other hand, pointed out that the petitioner had earlier filed a petition against opposite party No.2 before the S.D.O., Mazaul for initiating a proceeding under Section 144 of the Code of Criminal Procedure bearing Misc. Case No. 248M/2000, which had been decided in favour of opposite party No.2 by order dated 29.12.2000/10.1.2001. It is also stated that earlier the S.D.O. had deputed the Circle Officer, Khodawanpur and the Officer-in-charge, Khodawanpur to look into the matter regarding the disturbance being caused by the petitioner in construction of the house by opposite party No.2 on his part of the plot in question and thereafter when the Block Agriculture Officer deputed by the Circle Officer as the Magistrate incharge and the Officer-in-charge, Khodawanpur went to the spot, they have been injured by pelting of stones on the Magistrate and the Police personnels by the petitioner and his associates, for which Khodawanpur P.S. Case No. 4/2001 dated 29.1.2001 has been registered against the petitioner. Again the S.D.O. by his order dated 23.1.2001 had directed the Circle Officer to take appropriate steps against the petitioner-Arbind Kumar for disturbing opposite party No.2 in the construction of his house. However, when the opposite party No.2 learnt about the order of this Court, he immediately stopped his construction work and after 2001, no construction has been carried on over the land in question.

6. On a consideration of the materials on the record and the photographs produced by learned counsel for the petitioner, it is evident that some constructions exist adjacent to the boundary of the petitioner over the d