INDRADEO SINGH Vs. BIHAR STATE

JUDGEMENT

(1.) THIS application has been filed for initiating contempt proceeding against the opposite parties for violation of the order of this court dated 5. 7. 1994 passed in c. W. J. C. No. 10904 of 1993. By the said order while allowing the writ petition a direction was issued to the Managing Director of the bihar State Housing Board (in short the Board) to give effect to the decision of the Board as contained in Annexures 4 and 5 to the writ petition Copies of the letters/notice, containing the aforementioned decision of the Board have been enclosed with the contempt application marked as annexures 2 and 3.

(2.) THE Managing Director of the Board has filed show cause. By order dated 17. 11. 95 a Bench of this court rejected the show cause and directed the Managing director to appear with the relevant records and another show cause called 'additional show cause' was thereafter filed on 18. 11. 95. It appears from the order passed on 18. 11. 95 that this court was not satisfied with that show cause either but since the presence of respondent no. 7 of the connected writ petition, namely, Udai Kumar was considered to be necessary, hearing of the case was adjourned with direction to the Managing Director to remain present in person. The petitioner was permitted to add udai Kumar as Opposite Party No. 3. At the next hearing which took place on 4. 12. 95, statement was made by the Managing director that he has passed an order on 2. 12. 95 calling upon opposite part no. 3 to remove the encroachments. In view of the said statement the personal appearance of the Managing Director was dispensed with till further orders. Time was, however, allowed to opposite party no. 3 to file his show cause. Opposite party no. 3 has since filed his show cause and a supplementary show cause. Parties have been heard.

(3.) THE origin of the dispute can be traced to allotment of plot no. F 423 at lohianagar in the town of Patna in favour of opposite party no. 3 and the encroachment of the land adjacent South thereto, which was earmarked for road purposes, by none else than the employees of the Board themselves, who had been illegally allotted plots out of the land which had been earmarked for park in the lay-out plan. In course of time, however, the Board passed orders cancelling the allotment of those plots. One of the allottees Gyaneshwar Pd. Singh filed writ petition in this Court, C. W. J. C. No. 6068 of 1983, in which an order of status quo was passed. Opposite party no. 3 filed intervention petition which was allowed on 15. 2. 85. The interim order was modified to the effect that all constructions on southern boundary of plot no. 423 should be cleared. The said writ petition was ultimately disposed of on 8. 12. 86 more or less in the same terms. It was observed that the order of status quo should be understood to mean that the authorities of the board shall be at liberty to clear any encroachment on the public road and, if necessary, to file application before the competent authority in accordance with the provisions of Section 59 of the Bihar State housing Board Act, 1982 for removal of the encroachment.