Patna High Court Imposes Rs 50,000 Cost On Siwan District Administration For Non-Compliance Of Order Passed In 2017

The Patna High Court has imposed a cost of Rs 50,000 on the Siwan district administration for non-compliance of a 2017 court order, and has directed that the amount be deposited into the Prime Minister's Relief Fund within two months.

“Instead of framing charges in the contempt proceedings, we proposed to impose a cost of Rs. 50,000/-, it is quantified in view of delay in implementation of the Court's Order for about six years. The cost shall be remitted in the Prime Minister’s Relief Fund within a period of 2 months. The same shall be reported in the Registry of this Court. For compliance of the remaining portion of the order, further four months’ time is granted,” the division bench of Justice P. B. Bajanthri and Justice Jitendra Kumar ordered.

The court passed the order on a petition filed by social worker Virendra Thakur, citing non-compliance of the order directing the District Magistrate and Circle Officer to remove encroachments within six months, following proper procedures outlined in the Bihar Public Land Encroachment Act.

The court observed that the encroachment proceedings initiated by the concerned officials are still pending consideration and some encroachments were reportedly removed between 13.06.2023 and 16.06.2023. It added that certain land records pertaining to Jamabandi and its cancellation, necessary for the proceedings, were yet to be completed.

"Therefore, prima facie, respondents have committed contempt of Court in not complying the orders of this Court dated 28.07.2017," said the court.

Earlier in May, the court had issued a bailable warrant of Rs 25,000 against District Magistrate and Circle Officer, Daraunda, for their failure to comply with the court's orders. Following this, the respondents took action to remove some encroachments.

Case Title: Virendra Thakur vs. The State of Bihar and Others Miscellaneous Jurisdiction Case No.3097 of 2019 (In Civil Writ Jurisdiction Case No.2925 of 2017)

Appearance:

For the Petitioner/s: Mr. Umesh Kumar Mishra, Advocate

For the Opposite Party/s: Mr. Md. Khurshid Alam, AAG-12

Click Here To Read/Download Order