Patna High Court
The State Of BiharversusPandav Yadav
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court declined to entertain the contempt petition, directing the petitioners to file an appropriate regular petition and disposing the contempt and civil review proceedings.
Summary
The petitioners, a group of villagers, filed a contempt petition seeking to punish the State of Bihar and its officials for allegedly willfully disobeying the High Court's order dated 7 July 2017 in CWJC No. 692 of 2017. The court noted a committee order dated 19 March 2018 rejecting the petitioners' claim and observed that the respondents had taken up the matter. It held that the petitioners could challenge that order by filing an appropriate regular petition rather than a contempt proceeding. The court also considered the eight‑year delay in filing the contempt petition and the legitimate expectation arising from its pendency. Consequently, both the miscellaneous jurisdiction case and the civil review were disposed of with the observation that the petitioners should pursue a regular remedy.
Issues considered
- Whether the respondents are in contempt for willful disobedience of the Court's order dated 7 July 2017
- Whether the contempt petition can be entertained after an eight‑year delay
- Whether the petitioners should be directed to file a regular petition to challenge the order
Subjects
- contempt of court
- non‑compliance
- writ petition
- civil review
- delay
- legitimate expectation
- water resources
- irrigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2010 of 2018
In
Civil Writ Jurisdiction Case No.692 of 2017
======================================================
1. Pandav Yadav son of Late Kishun Yadav resident of Village Bajitpur-
Chhipalia, P.S. Bahadurpur, District Darbhanga.
2. Hit Lal Yadav son of Late Jagat Yadav resident of Vill Balha, P.S. Ashok
Paper Mill, District Darbhanga.
3. Ram Kripal Yadav son of Late Asharfi Yadav resident of village Ganj
Bajitpur, P.S. Bahadurpur, District Darbhanga.
4. Uchitlal Yadav son of Late Chalitar Yadav resident of Village Dhoi-navtol,
P.O. Dhoi, P.S. Sadar, District Darbhanga.
5. Ram Chandra Mandal son of Late Tilak Mandal resident of Village Bajitpur-
Chhipalia, P.S. Bahadurpur, District Darbhanga.
6. Shatrughan Yadav son of Late Mahavir Yadav resident of village Bela -
Yakub, P.O. Kabirchak, P.S. Bahadurpur, District Darbhanga.
7. Lakshmi Paswan son of Late Raghunath Paswan resident of Village Bajitpur,
P.S. Bahadurpur, District Darbhanga.
8. Phuldeo Yadav son of Late Sita Ram Yadav resident of Village Ganj
Bajidpur, P.S. Bahadurpur, District Darbhanga.
9. Tani Lal Yadav son of Late Asharfi Yadav resident of Village Ganj Bajitpur,
P.S. Bahadurpur, District Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arun Kumar Singh, the Principal Secretary, Water Resources Department,
Govt. of Bihar, Patna.
3. Amir Subhani, the Principal Secretary, General Administration Department,
Govt. of Bihar, Patna.
4. The Joint Secretary, Water Resources Department, Bihar, Patna.
5. N.R. Sriniwas, the Commissioner, Darbhanga.
6. Chandrasekhar Singh, the Collector, Darbhanga.
7. Ram Pukar Ranjan, the Engineer-in-Chief Irrigation Creation, Water
Resources Department, Patna.
8. Md. Shamim Akhtar Mallik, the Chief Engineer, Irrigation Creation, Water
Resources, Darbhanga.
9. Paras Nath Singh, the Executive Engineer, Western Koshi Canal Division,
Darbhanga.
10. The Sub-Divisional Engineer, Western Koshi Canal Sub Division - 1,
Darbhanga.
11. Kulanand Pandit, the Sub-Divisional Engineer, Western Koshi Canal
Mechanical Sub Division, Darbhang
Patna High Court MJC No.2010 of 2018(7) dt.02-04-2026
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12. Suman Kumar, the Dy Collector, Estb. Darbhanga.
13. Vinod Prasad, the District Welfare Officer, Darbhanga.
14. Kari Prasad Maht, the DDC Darbhanga.
... ... Opposite Party/s
======================================================
with
CIVIL REVIEW No. 142 of 2019
In
Civil Writ Jurisdiction Case No.692 of 2017
======================================================
1. The State Of Bihar Through the Principal Secretary, Water Resources
Department, Govt. of Bihar, Patna.
2. The Principal Secretary General Administration Department, Govt. of Bihar,
Patna.
3. The Joint Secretary Water Resources Department, Bihar, Patna.
4. The Commissioner Darbhanga.
5. The Collector Darbhanga.
6. The Engineer- in- Chief Irrigation Creation Water Resources Department,
Patna.
7. The Chief Engineer Irrigation Creation, Water Resources, Darbhanga.
8. The Executive Engineer Western Koshi Canal Division, Darbhanga.
9. The Sub- Divisional Engineer Western Koshi Canal Sub- Division-1,
Darbhanga.
10. The Sub- Divisional Engineer Western Koshi Canal Mechanical Sub-
Division, Darbhanga.
... ... Petitioner/s
Versus
1. Pandav Yadav Resident of Village Bajitpur- Chhipalia, P.S.- Bahadurpur,
District- Darbhanga.
2. Hit Lal Yadav Resident of Village Balha, P.S.- Ashok Paper Mill, District-
Darbhanga.
3. Ram Kripal Yadav Resident of Village Ganj Bajitpur, P.S.- Bahadurpur,
District- Darbhanga.
4. Uchitlal Yadav Resident of Village- Dhoi- navtol, P.O.- Dhoi, P.S.- Sadar,
District- Darbhanga.
5. Ram Chandra Mandal Resident of Village Bajitpur- Chhipalia, P.S.-
Bahadurpur, District- Darbhanga.
6. Shatrughan Yadav Resident of Village Bela- Yakub, P.O. Kabirchak, P.S.-
Bahadurpur, District- Darbhanga.
7. Lakshmi Paswan Resident of Village- Bajitpur, P.S.- Bahadurpur, District-
Darbhanga.
8. Phuldeo Yadav Resident of Village- Ganj Bajitpur, P.S.- Bahadurpur,
Patna High Court MJC No.2010 of 2018(7) dt.02-04-2026
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District- Darbhanga.
9. Tani Lal Yadav Resident of Village- Ganj Bajitpur, P.S.- Bahadurpur,
District- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
(In Miscellaneous Jurisdiction Case No. 2010 of 2018)
For the Petitioner/s : Mr.Amarendra Narayan, Advocate
For the Opposite Party/s : Mr.Vinay Kirti Singh - G A 2
(In CIVIL REVIEW No. 142 of 2019)
For the Petitioner/s : Mr.Kunal Tiwary, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 02-04-2026 Heard Mr.Amarendra Narayan, learned counsel for
the petitioners and Mr. Kunal Tiwary, learned counsel for the
State.
2. The present petition has been preferred for the
following relief/s:
(i) for initiation of contempt proceeding
against the opposite parties and for
appropriate orders on their willful
disobedience and non-compliance of the
orders/directions of the Hon'ble Court dated
7.7.17 passed in CWJC No.692 of 2017;
3. This Court has taken note of the order passed by a
committee headed by the District Magistrate, Darbhanga by
memo no. 403 dated 19.03.2018 and brought on record as
Annexure-F to the show cause filed on behalf of the opposite
Patna High Court MJC No.2010 of 2018(7) dt.02-04-2026
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party nos. 2 and 5 to show that they took up the matter and
rejected the claim of the petitioners.
4. This Court is of the opinion that an order has been
passed, the petitioners if so want, can challenge the same by
filing an appropriate petition.
5. Further, if such petition is filed, it is to be taken
note of that in view of the legitimate expectation due to
pendency of the present contempt petition for the last eight
years, as the same could not be filed in time, the delay in filing
the writ petition.
6. In that background, it has to be considered
accordingly. Both the MJC No. 2010 of 2018 and the C.Rev.
No. 142 of 2019 is/are disposed of with the aforesaid
observation.
(Rajiv Roy, J)
Ravi/-
U
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