ARBIND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(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. 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.

(3.) 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.