Patna High Court
Suresh RamversusThe State of Bihar through the Collector-Cum-District Magistrate, Nalanda at Biharsharif
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
Holding
The High Court held that the direction to measure the land had been complied with and therefore dismissed the contempt petition.
Summary
The petitioner, Suresh Ram, filed a contempt petition alleging that the Circle Officer, Biharsharif, failed to act on a court order dated 03.01.2025 directing measurement of his ancestral land. The order required the officer to consider the grievance and complete the measurement within six weeks. The petitioner claimed no measurement had been carried out despite filing an application on 31.01.2025. The State contended that the land had been measured by the Anchal Amin on 13.06.2025 and that the court's direction was therefore complied with. The court examined the evidence and concluded that the measurement had indeed been completed, satisfying the earlier direction. Consequently, the contempt petition was disposed, with liberty to the petitioner to approach the appropriate forum for any fresh cause of action.
Issues considered
- Did the respondent authority comply with the High Court's direction to measure the petitioner's land within the stipulated period?
- Is the contempt petition maintainable in view of the alleged non‑compliance?
Subjects
- land measurement
- contempt of court
- court direction compliance
- Senior Citizen Maintenance Act
- revenue law
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1663 of 2025
In
Civil Writ Jurisdiction Case No.19221 of 2024
======================================================
Suresh Ram son of late Nandu Ram, resident of Village-Mogalkuan, Etwari
Bazar, Biharsharif, P.O. Sohsarai (presently Biharsharif), P.S.-Sohsarai
(presently - Biharsharif), District-Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector-Cum-District Magistrate, Nalanda
at Biharsharif namely Sri Shashank Subhankar.
2. Shashank Subhankar, Collector cum District Magistrate, Nalanda at
Biharsharif.
3. Deepak Kumar Mishra, Additional Collector, Nalanda.
4. Satyendra Kumar Singh, Circle Officer, Biharsharif at Nalanda.
5. Bharat Soni, Superintendent of Police, Nalanda at Biharsharif.
6. Alakh Niranjan Yadav, Registrar, Revenue and Land Reforms Department,
Nalanda at Biharsharif.
7. Bimla Devi, Wife of Late Suresh Chaudhary, Resident of Kagji Mohalla,
near Taalab Ter, Post and P.S.-Biharsharif, District-Nalanda, PIN 803101.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Sinha
For the Opposite Party/s : Mr.Government Advocate 5
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
5 18-02-2026 The instant contempt petition is arising out of order
dated 03.01.2025 passed in C.W.J.C. No. 19221 of 2024 and it
reads as under:-
“ In the instant petition, petitioner has prayed
for the following relief:
(i) For issuance of a direction to
the respondent authority to consider
the petition filed by the petitioner for
measurement of the land where the
petitioner's ancestor have purchased
the land bearing Khata No.02,
Patna High Court MJC No.1663 of 2025(5) dt.18-02-2026
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Khesra No.1166, Thana No.119,
Mauza Singarhaat, Zamabandi
No.992. mohalla- Etwari Bazar, area
2 decimal within Biharsharif Circle
in the district of Nalanda purchased
vide Deed No. 895 dated 16.02.1942.
A copy of Sale Deed bearing Sale
Deed No. 895 dated 16.02.1945 is
annexed herewith and marked as
Annexure-P/1 to this writ application
(ii) For issuance of a direction that
the representation filed before the
District Magistrate, Nalanda as well
as Circle Officer, Biharsharif with
regard to measurement of land may
be considered under Rule 22 of the
Senior Citizen Maintenance Act
which has the following boundary:-
North Ashok Thakur
South Ganesjh Choudhary and Lakhan
Tanti
East Sarmila Devi
West- Niz.
(iii) For any other relief/reliefs to which
the petitioner is found entitled to,
may be granted to the petitioner.
2. Learned counsel for the petitioner has
submitted that he has made his grievance before
Circle Officer, Biharsharif, Nalanda through
representation dated 09.06.2022 and receipt of the
same is annexed as annexure P/2 but till date no
effective order has been passed by the concerned
Circle Officer. The concerned Circle Officer has
slept over the matter for more than two years and
being a public officer he has forgotten his duty to
Patna High Court MJC No.1663 of 2025(5) dt.18-02-2026
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act which is the obligation of the public officer that
he has to pass reasonable order while deciding the
fate of the land in question but same has been
lacking in the present case. Learned counsel submits
that the Circle Officer has not decided the
measurement of the land case up-till now.
3. Learned counsel on behalf of the State has
submitted that if petitioner represent his grievance
afresh, the same shall be looked into by the
concerned authority.
4. The sole thrust of the petitioner is the
measurement of the land in question and he has
sought limited relief for the measurement of the said
land.
5. Considering the facts and circumstances of the
case, it is evident that the present Circle Officer has
not acted upon the grievance of the measurement
up-till now as raised by the petitioner in his
representation. Accordingly, Circle Officer,
Biharsharif, Nalanda is hereby directed to consider
and take appropriate action in the light of grievance
raised by the petitioner in his representation after
giving him due opportunity, expeditiously preferably
within a period of six weeks from the date of receipt
of this order.”
2. Learned counsel for the petitioner submits that
vide order dated 03.01.2025 passed by this court in C.W.J.C.
No. 19221/2024 a direction was given to the Circle Officer,
Nalanda at Biharsharif (respondent-Opposite Party no.4) to
consider and take appropriate action in the light of grievance
raised by the petitioner in his representation after giving him
Patna High Court MJC No.1663 of 2025(5) dt.18-02-2026
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due opportunity, expeditiously preferably within a period of six
weeks from the date of receipt of the order. He further submits
that till date no measurement has been done by the Circle
Officer-Opposite Party no.4 in pursuance of the said order
passed by this Court. He further submits that after the order
passed by this Court, the petitioner has filed an application
along with the order of this Court before the Circle Officer,
Biharsharif, Nalanda on 31.01.2025 and the concerned opposite
party, after receiving the said application, took no action in
response to the same.
3. Learned counsel for the State submits that the
grievance of the petitioner has already been redressed and he
has also stated in para 6 of the show cause dated 26.06.2025
filed on behalf of respondent nos. 2 to 4 that the land of the
petitioner bearing Khata no. 02, Khesra No. 1166 has been
measured by the Anchal Amin on 13.06.2025 and Measurement
Report and Najari Naksha dated 13.06.2025 submitted by the
Anchal Amin indicate that the house of the petitioner has been
constructed over part of the land in question to the extent of
1.97 decimal and towards east of his house, a boundary wall has
been constructed by the private O.P. no.7 and both the parties
are making claim over part of the land in question covered with
Patna High Court MJC No.1663 of 2025(5) dt.18-02-2026
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boundary wall.
4. In the light of the aforesaid, it is evident that the
grievances of the petitioner has already been redressed and the
direction given by this Court has already been complied.
5. Considering all the aspects of the matter, the
present contempt petition stands disposed of with liberty to the
petitioner that if the petitioner has any grievance with regard to
the fresh cause of action, he may approach the appropriate
forum.
(Alok Kumar Pandey, J)
amitkumar/-
U
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