VISHWANATH DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties. So far as the contempt case is concerned, the Division Bench by order dated 8.12.2009 passed in CWJC No. 17099 of 2009 merely directed the Collector, Rohtas to take a final decision on the basis of an enquiry. This Court ordered for an enquiry so that facts may be clear to the Collector, Rohtas particularly when allegations were leveled against Anchal Adhikari that he was trying to help people who had encroached upon public land meant for road.

(2.) From the show cause filed on behalf of the authorities it appears that the Collector, Rohtas got an enquiry conducted and the report has been annexed as Annexure-A. According to the report dated 15.2.2010 submitted by Additional Collector, Rohtas (Sasaram) to the Collector, Rohtas measurement of the concerned land disclosed encroachment but some people have claimed title over the said land and have moved the Civil Court, Sasaram, particularly in respect of lands of Plot Nos. 231, 239 and 241. On that account, as per opinion of the Government Pleader at Sasaram the Anchal Adhikari, who is Collector under the Act, appears to have stayed the proceedings for removal of the said encroachment under Bihar Public Land Encroachment Act. The order of the Anchal Adhikari to that effect dated 26.11.2008 passed in Measurement Case No. 2/2008-2009 is available as Annexure-C in the show cause filed in the contempt case as well as in Annexure-1 to the writ petition bearing CWJC No. 4191 of 2010.

(3.) In the show cause it has been pleaded that the Collector, Rohtas has not been able to take any decision on account of pendency of CWJC No. 4191 of 2010 in which an interim order for maintaining status quo was passed on 30.3.2010.