Patna High Court
Ajay YadavversusThe State of Bihar through Sri Tanai Sultania, the District Magistrate Bhojpur
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
Holding
The contempt petition is disposed of as the delay was not intentional and the petitioner’s grievance has been redressed.
Summary
The petitioner, Ajay Yadav, filed a contempt petition alleging that the State authorities failed to comply with a 30‑Oct‑2024 order directing an inquiry into a land mutation irregularity. He claimed that despite sending a representation on 5‑Dec‑2024, the authorities delayed action, attributing the delay to the 2024 General Election and the 2025 State Assembly Election. The State, through its counsel, admitted the delay was unintentional, offered an unconditional apology, and asserted that the petitioner’s grievance had been redressed. The court examined whether the delay constituted contempt and held that it did not, given the lack of intentionality and the fact that the grievance was addressed. Accordingly, the contempt petition was disposed of, with liberty to the petitioner to file a fresh application before the concerned authority if any new grievance arises.
Issues considered
- Whether the delay by the State authorities in complying with the 30‑Oct‑2024 order amounts to contempt of court
- Whether the petitioner’s grievance has been adequately redressed
- Whether the contempt petition should be dismissed
Subjects
- contempt of court
- writ of mandamus
- land mutation
- delay in execution of order
- election-related delay
- redress of grievance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1919 of 2025
In
Civil Writ Jurisdiction Case No.16865 of 2024
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Ajay Yadav Son of Late Radha Kishun Yadav, Resident of Village-Bisentola,
Ward No. -12, P.S. and Circle-Jadishpur, District-Bhojpur, Bihar.
... ... Petitioner
Versus
1. The State of Bihar through Sri Tanai Sultania, the District Magistrate
Bhojpur (Ara).
2. Sri Amrendra Kumar, the Deputy Collector, Land Reforms, Jagdishpur,
Bhojpur (Ara).
3. Sri Sanjeet Kumar the Sub Divisional Officer, Jagdishpur, Bhojpur (Ara).
4. Sri Vishwajeet Nilankar the Circle Officer, Jagdishpur, Bhojpur (Ara).
5. Laxmian Devi, Wife of Chandan Kumar, Resident of Village and P.O.-
Saneya Barhatta, P.S. Jagdishpur, District-Bhojpur.
6. Trideva Devi, Wife of Dwarka Yadav, Resident of Village and P.O.-Saneya
Barhatta, P.S. Jagdishpur, District-Bhojpur.
7. Ram Lal Yadav, Son of Dudhnath Yadav, Resident of Village and P.O.-
Saneya Barhatta, P.S. Jagdishpur, District-Bhojpur.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Dhananjay Singh, Adv.
For the State-Respondents : Mr. Braj Bhushan Mishra, AC to AAG-9
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
5 18-03-2026 Heard both sides.
2. Learned counsel for the petitioner has submitted
that the present contempt petition arises out of CWJC No.
16865 of 2024 which has been filed for the following relief/s:-
i. For issuance of a writ in the nature of
Patna High Court MJC No.1919 of 2025(5) dt.18-03-2026
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Mandamus directing and commanding the
Respondent Authorities in particularly the C.O.
Jagdishpur to inquire in light of the order dated
30.01.2023 passed by the Court of Deputy
Collector, Land Reforms, Jagdishpur, Bhojpur
in Mutation Appeal Case No. 67/2020-21, as to
how Jamabandi was created in favour of
Laxmina Devi (Respondent No. 5) on the basis
of rejected Mutation case and how Jamabandi
was created in the favour of Laxmina Devi and
receipts were issued in her name inspite of the
admitted position that the Mutation Case filed
by Laxmina Devi was rejected by the learned
Court below.
ii. For any other relief/reliefs for which the
petitioner is entitled to.
3. Learned counsel for the petitioner submits that in
para-5 of order dated 30.10.2024, it has been observed as
follows:-
"Accordingly, the present writ petition
stands disposed of, reserving liberty to the
petitioner to approach the appropriate forum
for execution of the order passed by DCLR,
Jagdishpur. If petitioner submits his
representation before the appropriate authority
within four weeks from the date of receipt of
this order, the concerned authority is directed to
hear the petitioner and the parties concerned
Patna High Court MJC No.1919 of 2025(5) dt.18-03-2026
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after giving due opportunity and pass
appropriate order expeditiously, as per law."
4. Learned counsel further submits that in
compliance of order dated 30.10.2024, the petitioner sent his
representation through registered post on 05.12.2024 to the
Circle Officer, Jagdishpur (respondent no. 4) with all relevant
enclosures, which is annexed as Annexure-P/2 to this petition. It
has been orally submitted that the representation of the
petitioner has been taken into account by the concerned
authority and the grievance of the petitioner has been redressed.
5. Learned counsel for the State has submitted
through the show cause filed on behalf of opposite party no. 1 to
4 that during the course of compliance of order of this court,
some delay has occurred which is neither intentional nor
deliberate. It has further been submitted that some of the delay
is attributable to the General Election, 2024 and the State
Assembly Election, 2025 and the opposite party no. 1 to 4 have
tendered their unconditional apology for the inconvenience
caused to this Hon'ble Court. Learned counsel for the State has
also conceded that grievance of the petitioner has been
redressed.
6. Considering all the aspects of the case, the present
Patna High Court MJC No.1919 of 2025(5) dt.18-03-2026
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contempt petition stands disposed of with liberty to the
petitioner that if petitioner has any fresh grievance with regard
to earlier representation, he may file the appropriate application
before the concerned authority.
(Alok Kumar Pandey, J)
shahzad/-
U
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