IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5091 of 2019 In Civil Writ Jurisdiction Case No.4919 of 2018 ======================================================

Sudhir Kumar Singh, Son of Late Dr. Narendra Pal Singh, Resident of Road No.14, Keshri Nagar, P.S. Rajeev Nagar, District- Patna-24.

... ... Petitioner/s Versus

1. The State of Bihar through Sri Kumar Ravi, the District Magistrate, Patna.

2. Manoj Kumar, the Officer-in-Charge, Digha P.S. Patna.

3. Suharsha Bhagat, the Circle Officer Sadar, Patna.

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr.Sajid Salim Khan (SC 25)

======================================================

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5 16-01-2026 No one has appeared on behalf of the petitioner.

2. Heard learned counsel appearing on behalf of the opposite parties.

3. The present contempt application has been preferred for non-compliance of the order dated 19.09.2018 passed by the Writ Court in CWJC No. 4919 of 2018. 4. In the aforesaid CWJC No. 4919 of 2018, the following direction was issued by the writ court:-

“Now, so far as the another grievance with respect to the encroachment to be removed from the land pertaining to Khata No. 11, Plot No. 5105, Tauzi No. 5070, from Gate No. 79 to 83 situated at Hamidpur Kurji, P.S. Digha, Mauza Digha, Thana No. 1 is concerned, the appropriate authority is directed to initiate the proceedings under the Bihar Public Land Encroachment Act, 1956 at the earliest and conclude the same within a period of 4 months from today.”

5. A show cause has been filed on behalf of the Opposite Party Nos. 1 & 3. The relevant Paragraphs 4, 5, 6 and

7 of the said show cause read as under:-

“4. That in light of the order passed by the Hon'ble Court, the Circle Officer, Patna Sadar had initiated Encroachment Case No.-42/2018-19 for removing the encroachments pertaining to land under Mauza-Digha, Thana No.-01, Khata No.-11, Plot No.- 5105.

5. That earlier the Revenue Karmachari has submitted his report, wherein the land under Mauza Digha, Thana No.-01, Khata No.-11, Plot No.-5105, area-18 dismil has found to be raiyati as per the Survey Khatiyan and its nature is 'Bheeth'. It is entered in the name of Valchhari, S/o Kallu and its Jamabandi is running in the name of the raiyats.

6. That the Circle Officer, Patliputra has again sought report from the Revenue Karmachari and Circle Amin pursuant to which joint report has been submitted wherein it has been found that as per the Survey Khatiyan, it is raiyati land, where Bhagirathi Apartment and house of other persons have been constructed which is not encroachment. Further, from Gate No.-79 to 83, 35 persons have made permanent/temporary structures near Suraksha Bandh and residing there. As per the measurement, it has been found that the land in question is part portion of Khata no.-5131, Plot no.- 1724 which has been earlier acquired for the PWD Department. As the land is raiyati, the provisions under the Bihar Public Land Encroachment Act, 1956 is not applicable.

7. That the Circle Officer, Patliputra after considering all the facts on record has passed order dated 18.10.2025, whereby the application filed for removing encroachment from the raiyati land has been rejected as the provisions under the Bihar Public Land Encroachment Act, 1956 is not applicable over the raiyati land. As far as the persons residing between Pillar No.-79 to 83, near Suraksha Bandh and the land acquired for PWD is concerned, needful action may be taken in co-ordination with the concerned department. In this regard, the concerned Revenue Karmachari has been directed. Thus the said matter has been disposed.”

6. After going through the statements referred herein above, it appears that although an order was passed on 18.10.2025 in the encroachment pr