Patna High Court

Raj Kishore YadavversusThe State Of Bihar

Decided: 30 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The contempt petition is dismissed as the petitioner must pursue the title dispute in the appropriate civil court.

Summary

Petitioner Raj Kishore Yadav filed a contempt petition seeking to punish the respondents for allegedly disobeying the High Court's order dated 12‑10‑2017 in C.W.J.C. No. 22211 of 2014, which had directed the land acquisition officer to recognize his title. The court noted that the respondents had filed a show‑cause notice and that a memo dated 24‑03‑2025 indicated that the petitioner should approach the competent civil court to confirm his title, as the award amount and related documents suggested otherwise. No rebuttal to the show‑cause notice was filed by the petitioner, and the civil court order‑sheet did not establish that the matter pertained to the same land. Consequently, the High Court held that the petitioner could not relitigate the issue before the writ court and should pursue the matter in the appropriate civil forum. The contempt petition was therefore dismissed.

Issues considered

Whether the respondents committed contempt of the High Court by not complying with the order dated 12‑10‑2017 in C.W.J.C. No. 22211 of 2014
Whether the petitioner is entitled to initiate fresh contempt proceedings despite the existence of a pending civil proceeding on the title

Subjects

contempt of court
writ jurisdiction
land acquisition
title dispute
civil procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1800 of 2018
                                                        In
                                Civil Writ Jurisdiction Case No.22211 of 2014
                 ======================================================
                 Raj Kishore Yadav Son of Late Sitab Lal Yadav Resident of Village and P.O.-
                 Chirand, P.S.- Doriganj, District- Saran.

                                                                                ... ... Petitioner/s
                                                       Versus
           1.    The State Of Bihar.
           2.    Subrat Kumar Sen, District Magistrate, Saran.
           3.    Vinod Kumar Singh, Land Acquisition Officer, Saran at Chapra.
           4.    Chandrama Rai Son of Jag Narain Rai Resident of Village- Lodipur, P.S.-
                 Doriganj, District- Saran.
           5.    Pushpa Devi Wife of Jai Ram Rai Resident of Village- Lodipur, Chirand,
                 P.S.- Doriganj, District- Saran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kr Singh No.1, Advocate
                 For the Opposite Party/s :        Mr.Md. Khurshid Alam, AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   30-04-2026                  Heard Mr.Ajay Kr Singh No.1, learned counsel for the

                   petitioner and the State.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for starting contempt proceeding against

                                              the opposite parties who has disobeyed the

                                              order dated 12.10.2017 passed in C.W.J.C.

                                              No. 22211 of 2014.

                                 3. The writ court in C.W.J.C. No. 22211 of 2014 (Raj

                   Kishore Yadav vs. The State of Bihar & Ors.) in view of the
Patna High Court MJC No.1800 of 2018(2) dt.30-04-2026
                                            2/3




          statement made by the petitioner that he has order of title Court

          allowed to represent the Land Acquisition Officer, Saran at

          Chapra.

                       4. The writ court’s order having not been complied,

          the present contempt petition was filed.

                       5. A show cause came on behalf of the opposite party

          no.3, the District Land Acquisition Officer, Saran at Chapra and

          the learned State counsel has taken this Court to memo no. 165

          dated 24.03.2025 in which after issuance of notice to the

          petitioner and the opposite party who accepted the award

          amount recorded that the document shows otherwise and in that

          background, the petitioner may approach the competent Civil

          Court to confirm his title.

                       6. The show cause was handed over to the learned

          counsel for the petitioner on 04.042025 and there is no rebuttal

          to it.

                       7. The order-sheet of the aforesaid Civil Court is also

          not record to show whether the aforesaid order relates to the

          same land.

                       8. In     that background, allowing the petitioner to

          agitate the matter afresh either by challenging the said order

          before a competent writ Court and/or to move before a
         Patna High Court MJC No.1800 of 2018(2) dt.30-04-2026
                                                     3/3




                   competent Civil Court as recorded in the order-sheet, the present

                   contempt petition is disposed of.



                                                  (Rajiv Roy, J)
Ravi/-

U

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