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Patna High Court

Suresh RamversusThe State of Bihar through the Collector-Cum-District Magistrate, Nalanda at Biharsharif

Decided
Disposal
DISPOSED

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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