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Patna High Court

Pappu SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed of the petition without ordering contempt proceedings, directing that any challenge to the 2019 decision be filed within four weeks.

Summary

The petitioner, Pappu Sah, filed a writ petition seeking initiation of contempt proceedings against the Circle Officer (CO) of Dumra, Sitamarhi, alleging wilful violation of a June 20, 2024 order directing the CO to dispose of the petitioner’s representation within three months. The CO appeared before the court and submitted a second show‑cause notice, explaining that a decision on the petitioner’s case (Case No. 6403R27/2018‑2019) had actually been taken on November 27, 2019, but was only discovered on January 28, 2026 after a thorough search. The court noted that the CO was unaware of the 2019 order when handling the limitation petition and directed that the petitioner may challenge the order within four weeks, after which the matter would be heard on its merits. Ultimately, the court disposed of the miscellaneous jurisdiction case, dispensing with the CO’s personal appearance and leaving the contempt application unresolved. The petition was therefore dismissed.

Issues considered

  • Whether the Circle Officer wilfully violated the June 20, 2024 order directing disposal of the petitioner’s representation within three months.
  • Whether contempt proceedings can be initiated against the Circle Officer for the alleged violation.
  • Whether the petitioner is entitled to a further hearing on the merits of the 2019 decision.

Subjects

  • contempt of court
  • writ jurisdiction
  • administrative delay
  • limitation period
  • circle officer

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.1798 of 2025
                                                      In
                                Civil Writ Jurisdiction Case No.3483 of 2024
                 ======================================================
                 Pappu Sah Son of Ram Sundar Sah, Resident of Village- Asogi, P.S. Riga,
                 District Sitamarhi (Bihar).

                                                                               ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar.
           2.    Shri Jai Singh Son of not known to the petitioner, Secretary, Revenue and
                 Land Reforms Department, Bihar, Patna.
           3.    Shri Richie Pandey Son of not known to the petitioner, District Magistrate,
                 Sitamarhi.
           4.    Sri Rakesh Gupta Son of not known to the petitioner, Deputy Collector Land
                 Reforms, Sitamarhi.
           5.    Sri Mahesh Prasad Chaudhary Son of not known to the petitioner, Circle
                 Officer, Dumra, District Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Surendra Kishore Thakur, Advocate
                 For the Opposite Party/s :    Mr.Vinay Kirti Singh, Sr. Advocate
                                               Mr. Rajan Prakash, AC to GA-02
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   30-01-2026                  Heard Mr. Surendra Kishore Thakur, learned counsel

                   for the petitioner and Mr. Vinay Kirti Singh, learned G.A.-02.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i)   for      initiation   of    a    contempt

                                              proceeding against the opposite party

                                              no. 5 for wilfully, deliberately and

                                              intentionally violated the order dated

                                              20.06.2024        passed    in     CWJC        No.
Patna High Court MJC No.1798 of 2025(4) dt.30-01-2026
                                            2/3




                                        3483/2024 by the whereby this Court

                                        has directed the Circle Officer to

                                        dispose of the representation of the

                                        petitioner preferably within the period

                                        of three months from the date of petition

                                        preferred by the writ petitioner.

                        3. The Circle Officer, Dumra, Sitamarhi is present in

          the Court. Though, earlier, a show cause was filed, now the

          second show cause has been filed by the same Officer stating

          that upon search, it was found that on 27.11.2019 itself, the case

          related to the petitioner (Case No. 6403R27/2018-2019) was

          rejected and after hectic search, on 28.01.2026, it came to light.

          As such, immediate second show cause has been filed. The

          Officer present in the Court alongwith the file to support the

          said contention.

                        4. It is unfortunate that a decision was taken in the

          year 2019 itself, the Circle Office, Dumra was unaware of it and

          the same order has now come. However, since an order has been

          provided, the petitioner has to challenge the same.

                        5. This Court must observe that if the petitioner

          challenges the same in next four weeks, the concerned authority

          shall hear the matter on merit and shall take into account that he
         Patna High Court MJC No.1798 of 2025(4) dt.30-01-2026
                                                     3/3




                   was unaware of the order dated 2019 while dealing with the

                   limitation petition.

                                 6. The MJC No. 1798 of 2025 is disposed of.

                                 7. The personal appearance of the C.O., Dumra is

                   dispensed with.



                                                  (Rajiv Roy, J)
Ravi/-

U


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