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Patna High Court

Binod Kumar SinghversusSri Dipak Kumar Singh, The State of Bihar through the Additional Chief Secretary

Decided
Disposal
DISPOSED

Holding

The court permitted the withdrawal of the contempt application and dismissed it, granting the petitioner liberty to contest the order dated 16-06-2025.

Summary

Petitioner Binod Kumar Singh filed a contempt application challenging the compliance of an earlier order dated 24-10-2024 in CWJC No.16026/2024. The State argued that the Circle Officer had complied by issuing an order on 16-06-2025, as shown in the annexure. The petitioner then sought the court's permission to withdraw the contempt proceeding while retaining the right to contest the Circle Officer's order. The court granted the request, allowing the withdrawal and permitting the petitioner to assail the 16-06-2025 order in a separate proceeding. Consequently, the contempt application was dismissed as withdrawn.

Issues considered

  • What is the appropriate procedure for withdrawing a contempt application while preserving the right to challenge the underlying order?

Subjects

  • contempt
  • withdrawal
  • civil writ jurisdiction
  • order compliance
  • land acquisition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1471 of 2025
                                                     In
                               Civil Writ Jurisdiction Case No.16026 of 2024
                 ======================================================
                 Binod Kumar Singh son of Late Kailashpati Singh, R/o Bhabua Ward No. 20,
                 P.S.-Bhabua, District-Kaimur at Bhabua.

                                                                            ... ... Petitioner/s
                                                 Versus
           1.    Sri Dipak Kumar Singh, The State of Bihar through the Additional Chief
                 Secretary Department of Revenue and Land Reforms, Government of Bihar,
                 Patna.
           2.    Sawan Kumar, s/o Not Known, Collector Kaimur at Bhabua.
           3.    Karishma, d/o not known, Additional Collector cum 1st Appellate Authority,
                 Public Grievances Redressal Cell Kaimur at Bhabua.
           4.    Karishma, d/o not known, Sub Divisional Public Grievances Redressal
                 Officer, Bhabua.
           5.    Sawan Kumar, s/o not known, Competent Authority cum District
                 Acquisition Officer, Kaimur at Bhabua.
           6.    Purushottam Kumar, s/o not known, Circle Officer, Bhabua, District-
                 Kaimur.
           7.    Smt. Rajshree Devi, D/o Late Bhanu Pratap Singh, W/o Chandrabhan Singh,
                 Resident of Village Dohri, P.O. Shivpur, P.S. Jamalpur Tehsil-Chunar,
                 District-Mirzapur (U.P.).
           8.    Ravi Shankar Singh, son of Sant Narayan Singh, Husband of Late Shyama
                 Devi, resident of Village-Sonhan, P.O. and P.S.-Sonhan, District-Kaimur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Prabhakar Singh, Advocate
                 For the Opposite Party/s :   Mr. Additional Advocate General 13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-02-2026                  1. Heard learned counsel for the petitioner and learned

                   AC to AAG-13 for the State.

                                2. Learned counsel appearing on behalf of the State

                   submits that the order dated 24.10.2024 in CWJC No. 16026 of

                   2024 has been complied as the Circle Officer, Bhabhua has
            Patna High Court MJC No.1471 of 2025(2) dt.05-02-2026
                                                        2/2




                      passed a detailed order dated 16.06.2025 in Case No. 01 of

                      2025-26 in compliance of the order dated 24.10.2024 in CWJC

                      No. 16026 of 2024, as would manifest from Annexure- R/3 to

                      the show cause.

                                        3. At this stage, the learned counsel for the

                      petitioner     seeks     permission       to withdraw the   contempt

                      application with liberty to the petitioner to assail the order dated

                      16.06.2025 passed by the Circle Officer, Bhabhua.

                                      4. Permission is accorded.

                                     5. Accordingly, the contempt application is

                      dismissed as withdrawn with the liberty aforesaid.



                                                        (Satyavrat Verma, J)
Rishabh/-

U


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