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Patna High Court

Savitri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the petition, refusing to initiate contempt proceedings against the respondents.

Summary

A group of petitioners, comprising widows and heirs of deceased persons from Village Kushdihra, filed a writ petition seeking initiation of contempt proceedings against state officials for allegedly willfully disobeying an order dated 08-08-2022 in CWJC No. 11752 of 2019. The petition alleged that the State of Bihar, the Commissioner Magadh Division, the District Magistrate cum Collector, and the District Land Acquisition Officer failed to comply with the earlier order. The respondents filed a show-cause notice, and the State counsel referred the matter to an order dated 15-04-2023 passed by the Collector, Gaya, which considered the representation. The High Court, after hearing, disposed of the miscellaneous jurisdiction case (MJC No. 1106 of 2023) without granting the relief sought. Consequently, the petition for contempt was not entertained, and the matter was closed.

Issues considered

  • Whether the respondents willfully disobeyed the order dated 08-08-2022 in CWJC No. 11752 of 2019.
  • Whether the High Court can entertain a petition for initiation of contempt proceedings in the present circumstances.

Subjects

  • contempt of court
  • civil writ jurisdiction
  • land acquisition
  • revenue law
  • disobedience of court order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.1106 of 2023
                                         In
                   Civil Writ Jurisdiction Case No.11752 of 2019
     ======================================================
1.    Savitri Devi Wife of Late Mithilesh Singh, R/o Village-Kushdihra, P.S.-
      Chandauti and District-Gaya.
2.   Sugapati Devi, W/o Late Madhu Yadav, R/o Village-Kushdihra, P.S.-
     Chandauti and District-Gaya. (Wife of Petitioner No. ...).
3.   Babu Lal Yadav Son of Late Dukhan Yadav R/o Village-Kushdihra, P.S.-
     Chandauti and District-Gaya.
4.   Rajendra Prasad Singh, Son of Late Kedar Singh, R/o Village-Kushdihra,
     P.S.-Chandauti and District-Gaya.
5.   Basanti Devi, Wife of Late Umesh Singh, R/o Village-Kushdihra, P.S.-
     Chandauti and District-Gaya.
6.   Nagmati Devi, Wife of Late Raja Singh, R/o Village-Kushdihra, P.S.-
     Chandauti and District-Gaya.
7.   Shakuntala Devi, Wife of Late Girija Prasad Singh, R/o Village-Kushdihra,
     P.S.-Chandauti and District-Gaya.
8.   Srikant Kumar, son of Jawaharlal, R/o Village-Kushdihra, P.S.-Chandauti
     and District-Gaya. (Son of Petitioner No-8).
9.   Alok Raj Devi Wife of Late Mundrika Singh, R/o Village-Kushdihra, P.S.-
     Chandauti and District-Gaya.
10. Birendra Singh, son of Late Suryadev Singh, R/o Village-Kushdihra, P.S.-
    Chandauti and District-Gaya.
11. Vinay Kumar Singh, son of Late Yugal Kishor Singh, R/o Village-
    Kushdihra, P.S.-Chandauti and District-Gaya (Son of Petitioner No.-11).
12. Asha Devi, W/o Late Suresh Kumar Singh, R/o Village-Kushdihra, P.S.-
    Chandauti and District-Gaya (Wife of Petitioner No. )
13. Lal Pari Devi, Wife of Late Narendra Kumar Singh, R/o Village-Kushdihra,
    P.S.-Chandauti and District-Gaya.
14. Upendra Kumar Singh, Son of Late Surdev Singh, R/o Village-Kushdihra,
    P.S.-Chandauti and District-Gaya.
15. Dhirendra Kumar Singh, Son of late Chandradev Singh, R/o Village-
    Kushdihra, P.S.-Chandauti and District-Gaya.
16. Vimla Devi, Wife of Late Balram Singh, R/o Village-Kushdihra, P.S.-
    Chandauti and District-Gaya.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Principal Secretary, Department of Revenue
     and Land Reforms, Govt. of Bihar, Patna (Bihar).
2.   Sri Mayank Warwade, the Commissioner Magadh Division, Gaya.
3.   Thiyagarejan S.M., The District Magistrate cum Collector, Gaya.
          Patna High Court MJC No.1106 of 2023(4) dt.10-03-2026
                                                      2/2




            4.    The District Land Acquisition Officer, Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vyas Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Dhurjati Kumar Prasad (GP-14)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   10-03-2026                   Heard the parties.

                                 2. The present petition has been preferred for the

                    following relief(s):

                                                 “for initiation of contempt proceeding

                                    against the contemnors             who have willfully

                                    disobeyed the order dated 08.08.2022 passed in

                                    CWJC No. 11752 of 2019.

                                 3. A show-cause of the opposite party is on record and

                    learned State counsel has taken this Court to the order dated

                    15.04.2023 passed by the Collector, Gaya by which the

                    representation has been considered and an order passed.

                                 4. In that background, the MJC No. 1106 of 2023

                    stands disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U


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