Patna High Court
Vikash Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The contempt petition is disposed of, with liberty restored to the petitioners to seek appropriate remedy.
Summary
A large group of seasonal tube‑well operators filed a contempt petition before the Patna High Court against the State of Bihar and several officials of the Water Resources and Minor Irrigation Departments. The petitioners sought liberty to pursue appropriate remedial action concerning their grievances. The State opposed the petition, arguing that the matter did not warrant contempt proceedings. The Court examined whether the petition merited continuation and whether the petitioners should be allowed to seek further remedy. Finding no merit in continuing the contempt proceedings, the Court granted the petitioners permission to take appropriate remedial steps and ordered the contempt petition to be disposed of.
Issues considered
- Whether the contempt petition filed by the tube‑well operators should be entertained or dismissed
Subjects
- contempt petition
- High Court
- procedural liberty
- water resources
- irrigation
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1126 of 2019
In
Civil Writ Jurisdiction Case No.968 of 2017
======================================================
1. Vikash Kumar Sharma S/o Sri Chandrika Sharma Resident of Village-
Bishunpurwa, P.S.- Sugauli, District- East Champaran, at present posted as
Seasonal Tube Well operator at Bishunpurwa, Sugauli, East Champaran.
2. Nematullah S/o Md. Samullah R/o Vill-Mohammadpur, P.S. Patahi, Distt-
East Champaran, at present posted as Seasonal Tube well operator at
Bhandaar, Dahka, East Champaran
3. Akhileshwar Prasad Yadav S/o Satya Narayan Pd. Yadav R/o Vill-Arariya,
P.S. Dhaka, District-East Champaran, at present posted as Seasonal Tube
well operator at Harauni Dhaka, East Champaran
4. Md. Mumtaz Alam Son of Md. Majid R/o Vill-Kherwa, P.S. Dhaka, District-
East Champaran, at present posted as Seasonal Tube well operator at
Phulwariya, Dhaka, East Champaran
5. Prakash Singh Kashyap Son of Prem Chandra Singh R/o Vill-Khan Pakhar,
P.S. Dhaka, District-East Champaran, at present posted as Seasonal Tube
well operator at Garahia, Patahi, East Champaran
6. Md. Saddam Hussain Son of Musafir Rai R/o Vill-Jamua, P.O. Jamua,
Block-Dhaka, P.S. Dhaka, District-East Champaran, at present posted as
Seasonal Tube well operator at Goabari, Block-Dhaka, East Champaran
7. Maheshwar Kumar S/o Musafir Rai R/o Vill-Jadopur Bakhari, P.O. Kramwa,
P.S. Dhaka, District-East Champaran at present posted as Seasonal Tube
well operator at Lahan, Block- Dhaka, East Champaran
8. Ram Naresh Kumar S/o Musafir Rai R/o Vill-Jadopur Bakhari, P.O.-
Kramwa, P.S.-Dhaka, District-East Champaran, at present posted as
Seasonal Tube well operator at Kharuhi, Block- Dhaka, East Champaran
9. Krishna Murari Thakur Son of Prabhu Mahto R/o Vill-Ratwara Hathua, P.S.
Paru, District-East Champaran, at present posted as Seasonal Tube well
operator at Panapur Tetariya, East Champaran
10. Jai Prakash Mahto S/o Satya Deo Mahto R/o Vill-Chotki Pakhnahia, P.S.
Dhaka, District-East Champaran, at present posted as Seasonal Tube well
operator at Kadamwa, Ghorasahan, East Champaran
11. Lal Dhar Mahto S/o Tileshwar Mahto R/o Vill-Mathia Bariyarpur, P.O.-Pipra
Kothi, P.S. Pipra Kothi, District-East Champaran, at present posted as
Seasonal Tube well operator at Marajpur Motihari, East Champaran
12. Rupesh Kumar Mahto S/o Subhash Mahto R/o Vill-Khajuria, P.S. Dumariya,
District-East Champaran, at present posted as Seasonal Tube well operator at
Balganga Turkaulia, East Champaran
13. Pramod Kumar S/o Prabhu Mahto R/o Vill-Ratwara Hathua, P.S. Paru,
District-East Champaran, at present posted as Seasonal Tube well operator at
Panapur Tetariya, East Champaran
14. Md. Shahid Eqbal S/o Md. Narun Hooda R/o Vill-Kherwa, P.S. Dhaka,
District-East Champaran, at present posted as Seasonal Tube well operator at
Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026
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Kharoi, Dhaka, East Champaran
15. Pappu Kumar S/o Sri Rameshwar Mahto R/o Vill-Mathia Bariyarpur, P.S.
Pipra Kothi, Distt-East Champaran, at present posted as Seasonal Tube well
operator at Phulwa Ghat, Motihari, East Champaran
16. Rup Narayan Mahto S/o Bachan Mahto R/o Vill-Madhubani, P.O. Mufassil,
District-East Champaran, at present posted as Seasonal Tube well operator at
Sirsa, Motihari East Champaran
17. Santosh Kumar S/o Ram Kishun Mahto R/o Vill-Sarotar, P.S. Dumaria Ghat,
District-East Champaran, at present posted as Seasonal Tube well operator at
Kanchan (2) Keshariya, East Champaran
18. Braj Bhushan Pandey S/o Nand Kumar Pandey R/o Vill-Jaisinpur, P.S.-
Tuarkaulia, District-East Champaran, at present posted as Seasonal Tube
well operator at Chitrao, Turkauliya, East Champaran
19. Yadav Lal Prasad S/o Rajendra Mahto R/o Vill-Ram Purwa, P.S.
Gobindganj, District-East Champaran, at present posted as Seasonal Tube
well operator at Ijra Nawada, Areraj, East Champaran
20. Chuman Baitha S/o Ram Lagan Baitha R/o Vill-Suryapur, Bagha Tola, P.S.
Pipra Kothi, Distt-East Champaran, at present posted as Seasonal Tube well
operator at Jhakhra Colony, Pipra Kothi, East Champaran
21. Shushil Kumar S/o Basudeo Rai R/o Vill-Kishunpur, P.S. Jiwdhara, Distt-
East Champaran, at present posted as Seasonal Tube well operator at Salepur
Pipra Kothi, East Champaran
22. Jitendra Kumar S/o Prabhu Sahani R/o Vill-Bairathpur, P.O. Bahuarwa, P.S.
Majhaulia, District-West Champaran, at present posted as Seasonal Tube
well operator at Belaith, Sugauli, East Champaran
23. Pradeep Kumar S/o Narad Mahto R/o Vill-Mathia Bariyarpur, P.S. Pipra
Kothi, District-East Champaran, at present posted as Seasonal Tube well
operator at Mishari Tola, Motihari, East Champaran
24. Vikash Kumar S/o Dina Nath Sah R/o Vill-Hardiya, P.S. Turkauliya,
District-East Champaran, at present posted as Seasonal Tube well operator at
Barmadiya, Chakia, East Champaran
25. Manoj Kumar S/o Dhanush Dhari Mahto R/o Vill-Bhiribhidh, P.S.
Chanapatia, District-West Champaran, at present posted as Seasonal Tube
well operator at Sugaw, Sugauli, East Champaran
26. Ram Surat Mahto S/o Rajendra Mahto R/o Vill-Chainpur, P.S. Majhwlia,
District-West Champaran, at present posted as Seasonal Tube well operator
at Bharganwa, Sugauli, East Champaran
27. Vinod Kumar S/o Ram Surat Mahto R/o Vill-Air Walia, P.S. Kotwa, District-
East Champaran, at present posted as Seasonal Tube well operator at
Bariarpur (01) Motihari, East Champaran
28. Sanjay Kumar S/o Chaturi Mahto R/o Vill-Parsooni Kishun, P.S. Pipra,
District East Champaran, at present posted as Seasonal Tube well operator at
Baramadia, Chakia, East Champaran
29. Rajan Kumar Sharma S/o Nand Kishore Sharma R/o Vill-Sarotar, P.S.
Dumariya, District-East Champaran, at present posted as Seasonal Tube well
operator at Nauni Hal (01), Mehsi, East Champaran
Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026
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30. Munchun Kumar S/o Basisth Mahto R/o Village-Harpur, P.S. Pipra, District-
East Champaran, at present posted as Seasonal Tube well operator at Sagar
Mathiya, Chakiya, East Champaran
31. Krishna Kumar S/o Motilal Prasad R/o Vill-Chhota Bariyarpur, P.S.
Chhatauni, District-East Champaran, at present posted as Seasonal Tube
well operator at Husaini (04) Kesariya, East Champaran
32. Jai Prakash Kumar Sahi S/o Ram Dharath Sahni R/o Vill-Sarotar, P.S.
Dumariya, District-East Champaran, at present posted as Seasonal Tube well
operator at Bairiya No. (1), Kesariya, East Champaran
33. Soni Kumkar Sharma S/o Brij Kishore Sharma R/o Vill-Saroar, P.S.
Dumaria Ghat, District-East Champaran, at present posted as Seasonal Tube
well operator at Yamuniya, Chakiya, East Champaran
34. Kunal Kumar S/o Surendra Sahni R/o Village-Sarotar, P.S. Dumaria Ghat,
District-East Champaran, at present posted as Seasonal Tube well operator at
Baisakhawa, Kesria, East Champaran
35. Sikandar Kumar S/o Ravindra Sahni R/o Vill-Sarotar, P.S. Dumaria Ghat,
District East Champaran, at present posted as Seasonal Tube well operator at
Haraz, Motihari, East Champaran
36. Arvind Kumar Mahto S/o Ram Eqbal Mahto R/o Village-Sarotar, P.S.
Dumaria Ghat, District-East Champaran, at present posted as Seasonal Tube
well operator at Bhagnatia, Kesariya, East Champaran
37. Chandan Kumar S/o Jawahar Lal Prasad R/o Village Sarotar, P.S. Dumaria
Ghat, District East Champaran at present posted as Seasonal Tube well
operator at Bairiya (04), Kesharia East Champaran
38. Awinash Kumar S/o Ajay Dubey R/o Village Sarotar, P.S. Dumaria Ghat,
District East Champaran at present posted as Seasonal Tube well operator at
Kadhan, Kesaria, East Champaran
39. Ambedkar Kumar S/o Ravindra Sahni R/o Vill-Sarotar, P.S. Dumaria Ghat,
District East Champaran, at present posted as Seasonal Tube well operator at
Betwara, Motihari, East Champaran
40. Mritunjay Kumar S/o Sudist Mahto R/o Village Sarotar, P.S. Dumaria Ghat,
District East Champaran at present posted as Seasonal Tube well operator at
Baramdia (Banarjhula), Chakia, East Champaran
41. Ram Janam Mahto S/o Arjun Mahto R/o Village Sarotar, P.S. Dumariya
Ghat, District East Champaran at present posted as Seasonal Tube well
operator at Semuapur, Kesariya East Champaran
42. Sona Lal Sah S/o Ram Narayan Sah R/o Vill-Barharwa, P.S. Dumaria Ghat,
District-East Champaran, at present posted as Seasonal Tube well operator at
Hussaini (2) Kesaria, East Champaran
43. Ajay Kumar S/o Ram Prasad Thakur R/o Village Sarotar, P.S. Dumaria Ghat,
District East Champaran at present posted as Seasonal Tube well operator at
Bramdhia (Phulwaria), Chakia, East Champaran
44. Ashok Kumar S/o Jailal Mahto R/o Vill-Mathia Bariyarpur, P.O. Maheshpur,
P.S. Pipra Kothi, District-East Champaran, at present posted as Seasonal
Tube well operator at Mishwa Bathra Kotwa, East Champaran
45. Shashi Kumar S/o Nag Narayan Prasad Yadav R/o Village Mathiya
Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026
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(Bariarpur), P.S. Pipra Kothi, District-East Champaran, at present posted as
Seasonal Tube well operator at Dharmuha (2), Motihari East Champaran
46. Ajay Kumar Yadav S/o Ram Chandra Yadav R/o Village Sagar Sahi, P.S.-
Pipra, District East Champaran at present posted as Seasonal Tube well
operator at Sahanpura, Chakia, East Champaran
47. Sohan Lal Mahto S/o Jailal Mahto R/o Vill-Mathia Bariyarpur, P.S. Pipra
Kothi, District-East Champaran, at present posted as Seasonal Tube well
operator at Madhubani Ghat, Motihari, East Champaran
48. Sanju Kumar S/o Sudhir Bhagat R/o Vill-Jagdishpur, P.S. Kalyanpur,
District East Champaran, at present posted as Seasonal Tube well operator at
Pakri Dixit, Kalyanpur, East Champaran
49. Surendra Kumar Mahto S/o Dukhit Mahto R/o Vill-Badhai Thela, P.S.
Kesariya, Distt-Eat Champaran, at present posted as Seasonal Tube well
operator at Lala Chapra, Kesharia, East Champaran
50. Sumeshwar Mahto S/o Yadunandan Mahto R/o Vill-Phultakia, P.S.-Kesaria,
Distt-East Champaran, at present posted as Seasonal Tube well operator at
Gulab Kha, Madhuban, East Champaran
51. Kunal Kumar Singh S/o Prabha Singh R/o Vill-Siswa Patna, P.S. Kesariya,
District-East Champaran, at present posted as Seasonal Tube well operator at
Jasauli Patti, Kotwa, East Champaran
52. Ranjan Kumar Sah S/o Surendra Kumar Sah R/o Vill-Phultakia, P.S.
Kesariya, District-East Champaran, at present posted as Seasonal Tube well
operator at Bettiah Basant, Kotwa, East Champaran
53. Ajit Kumar S/o Pramod Prasad R/o Vill-Phultakia, P.S. Kesariya, District-
East Champaran, at present posted as Seasonal Tube well operator at
Dumkra Kotwa, East Champaran
54. Kunal Kumar S/o Bhola Prasad R/o vill-Kesariya, P.S. Kesariya, District-
East Champaran, at present posted as Seasonal Tube well operator at
Medhua (02), Tetaria, East Champaran
55. Gaurav Kumar S/o Vijay Kumar Jaiswal R/o Vill-Kesaria, P.S. Kesaria,
District-East Champaran, at present posted as Seasonal Tube well operator at
Dih Pakri, Pakri Dayal, East Champaran
56. Bhola Kumar S/o Rameshwar Mahto R/o Vill-Mathia, P.S. Kesariya,
District-East Champaran, at present posted as Seasonal Tube well operator at
Bala Tola (01), Mehshi, East Champaran
57. Mantu Kumar S/o Rameshwar Mahto R/o Vill-Bans Ghat, P.S. Chakiya,
District-East Champaran, at present posted as Seasonal Tube well operator at
Rani Patti, Mehsi, East Champaran
58. Vikash Kumar S/o Sitaram Mahto R/o Vill-Madhiya, P.S. Kesaria, District-
East Champaran, at present posted as Seasonal Tube well operator at
Kherwa, Madhuban, East Champaran
59. Shankar Ram S/o Dasai Ram R/o Vill-Madhiya, P.S. Kesaria, District-East
Champaran, at present posted as Seasonal Tube well operator at Medhua
(01) Teraria, East Champaran
60. Manoranjan Kumar S/o Rameshwar Mahto R/o Vill-Madhiya, P.S. Kesaria,
District-East Champaran at present posted as Seasonal Tube well operator at
Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026
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Bairiya (03), Kesaria East Champaran
61. Rajesh Kumar S/o Birendra Kumar Ray R/o Vill-Madhiya, P.S. Kesaria,
District-East Champaran, at present posted as Seasonal Tube well operator at
Bokane Kla (02) Patahi, East Champaran
62. Satendar Mahto S/o Ram Sagar Mahto R/o Vill-Phultakia, P.S. Kesaria,
District East Champaran, at present posted as Seasonal Tube well operator at
Ram Purwa Pakri Dayal, East Champaran
63. Shiv Kumar S/o Shankar Singh R/o Vill-Phutakia, P.S. Kesariya, District
East Champaran, at present posted as Seasonal Tube well operator
Madhubani, Dubey Tola Kotwa, East Champaran
64. Ankush Kumar S/o Umakant Prasad R/o Vill-Phultakia, P.S. Kesariya,
District-East Champaran, at present posted as Seasonal Tube well operator at
Bairiya (04), Kesharia East Champaran
65. Subhash Kumar S/o Binod Rai R/o Vill-Madhiya, P.S. Kesaria, District-East
Champaran, at present posted as Seasonal Tube well operator at Amwa
Ghorasahan, East Champaran
66. Santosh Kumar Sah S/o Dwarika Sah R/o Vill-Jagdishpur, P.S. Kahpanpur,
District-East Champaran, at present posted as Seasonal Tube well operator at
Kukiha, Raxaul, East Champaran
67. Rajeev Ranjan Son of Shivalal Mahto R/o Vill-Madhiya Briyarpur, P.S.
Pipra Kothi, Distt-East Champaran, at present posted as Seasonal Tube well
operator at Suryapur, Pipra Kothi, East Champaran
68. Hari Shankar Mahto S/o Chalitar Mahto R/o Vill-Ram Karan Pakdi, P.S.-
Chakiya, Distt-East Champaran, at present posted as Seasonal Tube well
Operator at Ram Karan (Pakri), Chakiya, East Champaran
69. Manoj Kumar Mahto S/o Ram Eqbal Mahto R/o Vill-Sarotar, P.S. Dumaria
Ghat, Distt-East Champaran, at present posted as Seasonal Tube well
Operator at Barharwa Khurd, Kesaria, East Champaran
70. Mani Bhushan Sahni S/o Devendra Sahni R/o Vill-Sarotar, P.S. Dumaria
Ghat, Distt-East Champaran, at present posted as Seasonal Tube well
Operator at Hussaini (01), Kesaria, East Champaran
71. Sumit Gautam S/o Dinesh Kumar Mishra R/o Vill-Karna, P.O. and P.S.-
Dhaka, Distt-East Champaran, at present posted as Seasonal Tube well
Operator at Telhara, Dhawa, East Champaran
72. Santosh Kumar S/o Basdev Sahni R/o Vill-Jitaura, P.S. Madhuban, Distt-
East Champaran, at present posted as Seasonal Tube well Operator at
Bhelwa, Madhuban, East Champaran
73. Sashi Ranjan Kumar S/o Ravindra Sahni R/o Vill-Vishunpur Basant, P.S.
Phenara, Distt-East Champaran, at present posted as Seasonal Tube well
Operator at Madhupur (3), Madhuban, East Champaran
74. Birendra Kumar Yadav Son of Nagina Rai R/o Vill-Bishunpura,
(Harinarayana), P.S. Pipra Station, Distt-East Champaran
75. Ranjeet Kumar Mahto S/o Ram Eqbal Mahto R/o Vill-Harpur (Hardash),
P.S.-Kalyanpur, Distt-East Champaran, at present posted as Seasonal Tube
well Operator at Koirangawa, Kalyanpur, East Champaran
Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026
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76. Jitendra Kumar Yadav Son of Ram Ayodhya Rai R/o Vill-Mathia Bariyarpur,
P.S. Pipra Kothi, Distt-East Champaran, at present posted as Seasonal Tube
well Operator at Mathia, Malahi Tola, East Champaran
77. Shiv Ranjan Kumar Son of Shankar Singh R/o Vill-Phultakia, P.S. Kesaria,
Distt-East Champaran, at present posted as Seasonal Tube well Operator at
Chaila, Pakri Dayal, East Champaran
78. Sandeep Kumar Son of Aasdev Mahto R/o Vill-Bairiya, P.S. Sangrampur,
Distt-East Champaran, at present posted as Seasonal Tube well Operator at
Bairiya, Sangrampur, East Champaran
79. Virendra Kumar Son of Shiv Balak Sharma R/o Vill-Lakshmipur, P.S.-
Sugauli, Distt-East Champaran, at present posted as Seasonal Tube well
Operator at Bhaha, Sugauli, East Champaran
80. Santosh Mahto Son of Bhairo Mahto R/o Vill-Surujpur, P.O. Jiwdhara, P.S.
Pipra Kothi, Distt-East Champaran, at present posted as Seasonal Tube well
Operator at Surujpur, Pipra Kothi, East Champaran
81. Ravindra Prasad Yadav Son of Rameshwar Rai R/o Vill-Godhiya, P.O.-
Haraj, P.S. Sikarganj, Distt-East Champaran, at present posted as Seasonal
Tube well Operator at Dihu Tola, Madhuban, East Champaran
82. Manoj Kumar Son of Banshi dhar Mahto R/o Vill-Kushar, P.S. Turkaulia,
Distt-East Champaran, at present posted as Seasonal Tube well Operator at
Saraiya (Turkaulia), East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar Through Deepak Kumar, Chief Secretary General and
Administrative Department, Govt. of Bihar, Patna.
2. Sri K.K. Pathak, The Principal Secretary, Water Resources Department,
Govt. of Bihar, Patna.
3. Sri Arun Kumar Singh, The Principal Secretary, Minor Irrigation
Department, Govt. of Bihar, Patna.
4. Sri Rakesh Kumar, Special Executive Officer, Minor Irrigation, Department
Govt. of Bihar, Patna.
5. Sri Narmadeshwar Lal, The Commissioner, Tirhut Division Muzaffarpur.
6. Shri Raman Kumar, The District Officer, Motihari, East Champaran.
7. Sri Sunil Kumar, chief Engineer, Muzaffarpur.
8. Sir Jitendra Kumar Diwakar, Executive Engineer, Motihari, East
Champaran.
9. Sri Jitendra Kumar Diwakar, Assistant Engineer Dhaka, East Champaran.
10. Sir Jitendra Kumar Diwar, Assistant Engineer, Palanwa, East Champaran.
11. Sri Jitendra Kumar Diwakar, Assistant Engineer, Raxaul, East Champaran.
12. Sri Jitendra Kumar Diwakar, Assistant Engineer, Sugauli, East Champaran.
... ... Opposite Party/s
======================================================
Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate
For the Opposite Party/s : Mr. Durgesh Nandan (AAG-4)
Mr. Manoj Kumar Sinha, AC to Ex-AAG-9
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
6 18-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner fairly submits
that necessary orders on their representation have been filed and
seeks liberty to take appropriate remedy in this case.
3. Permission is duly accorded and liberty is restored
to the petitioner.
4. Accordingly, the contempt petition stands disposed
of.
(Ajit Kumar, J)
sharun/-
U
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