Patna High Court
Md. Mojahid @ Md. Mojahid RashidiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is held to be infructuous and is disposed of.
Summary
The petitioner, Md. Mojahid, filed a petition seeking contempt proceedings against the State of Bihar officials, particularly the Circle Officer, for allegedly willfully violating a November 28, 2019 order that directed the officer to dispose of a mutation petition within four months. The earlier order required the creation of a Jamabandi in the petitioner’s name for specific land parcels in Nalanda district. During the pendency of the contempt petition, the petitioner informed the court that the matter had become infructuous. The court, after hearing the parties, held that the petition was moot and therefore could not proceed. Consequently, the petition was disposed of as infructuous.
Issues considered
- Whether contempt proceedings can be initiated for an alleged willful violation of a prior court order.
- Whether the petition is infructuous (moot) and therefore cannot be entertained.
Subjects
- contempt
- civil writ jurisdiction
- mutation of land
- infructuous
- mootness
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.149 of 2021
In
Civil Writ Jurisdiction Case No.23491 of 2019
======================================================
Md. Mojahid @ Md. Mojahid Rashidi Son of Late Hafiz Abdul Rashid
Resident of Mohalla- Shekhana, Town Biharsharif, P.s.- Bihar, Distt.- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Vivek Kumar Singh, son of not known,
Principal Secretary, Land Reforms and Revenue Department, Govt. of Bihar,
Patna
2. Mr. Yogendra Singh son of Nate knwon The Collector-cum-District
Magistrate, Nalanda
3. Mr. Arun Kumar Singh son of not known, The Circle Officer, Biharsharif,
Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash, Advocate
For the State : Mr. Md. Khurshid Alam, AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for initiation of contempt proceeding
against the opposite parties (specially against
opposite party no.3, Circle Officer, Biharsharif)
for willful violation of the order dated
28.11.2019 passed by the Hon’ble Mr. Justice
Prabhat Kumar Jha (as his Lordship then was)
in CWJC No. 23491 of 2019 whereby and
Patna High Court MJC No.149 of 2021(3) dt.10-03-2026
2/2
whereunder the Circle Officer, Biharsharif,
Nalanda was directed to dispose of the petition
of the petitioner filed on 15.02.2019 for mutating
his name and creating Jamabandi in his name
with regard to the lands of Khata No. 310,
Khesra NO. 575 area 1.33 acres and Khesra No.
564 area 06 decimal situated at Mauza
Cistiyana, Thana No. 310 in the District-
Nalanda within four months from the date of
receipt of the order.”
3. It has been informed by learned counsel for the
petitioner that during the pendency of petition, it has become
infructuous.
4. Accordingly, MJC No. 149 of 2021 is disposed of
as become infructuous.
(Rajiv Roy, J)
vinayak/-
U
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