Patna High Court
Bhola Nath @ Bhola Nath Jaiswal @ Bhola Nath PrasadversusThe State of Bihar through the District Magistrate cum District Collector Begusarai
- Decided
- Disposal
- DISPOSED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that the deputed magistrates and officials who violated the interim order are personally liable to pay Rs.1,25,000 each to the petitioner.
Summary
The petitioners, a family of Bhola Nath, were evicted from their residence in violation of an interim order dated 16.01.2026 issued by the Patna High Court in CWJC No. 519 of 2026. The court initiated contempt proceedings against several officials for disobeying that order, and the officials appeared before the court on 24.04.2026. While possession of the premises was restored, the petitioners alleged extensive damage rendering the house uninhabitable and sought compensation. The court observed that the officials responsible for the violation should bear personal liability and directed each of the four named officials to pay Rs.1,25,000 to the eldest son, Vijay Kumar, for making the premises habitable. The contempt application was consequently disposed, and the personal appearance of the officials was waived.
Issues considered
- Whether the officials who violated the interim order are liable for contempt of court.
- Whether personal liability for damages can be imposed on public officials for violating a court order.
- Whether the State Government can be held liable for the illegal actions of its officials.
Subjects
- contempt of court
- interim order
- civil writ jurisdiction
- restoration of possession
- compensation
- liability of public officials
- habitability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.192 of 2026
In
Civil Writ Jurisdiction Case No.519 of 2026
======================================================
1. Bhola Nath @ Bhola Nath Jaiswal @ Bhola Nath Prasad Son of Late Shital
Prasad @ Gillu Ram, Resident of Village Nagar Parishad and P.O- Bihat,
Tola/Mohalla- Ibrahimpur, Ward No.- 32, P.S- Barauni (Now FCI), Sub
Division and District- Begusarai.
2. Vijay Kumar, Son of Bhola Nath @ Bhola Nath Jaiswal @ Bhola Nath
Prasad Resident of Village Nagar Parishad and P.O- Bihat, Tola/Mohalla-
Ibrahimpur, Ward No.- 32, P.S- Barauni (Now FCI), Sub Division and
District- Begusarai.
3. Vinay Kumar, Son of Bhola Nath @ Bhola Nath Jaiswal @ Bhola Nath
Prasad Resident of Village Nagar Parishad and P.O- Bihat, Tola/Mohalla-
Ibrahimpur, Ward No.- 32, P.S- Barauni (Now FCI), Sub Division and
District- Begusarai.
4. Ajay Kumar, Son of Bhola Nath @ Bhola Nath Jaiswal @ Bhola Nath
Prasad Resident of Village Nagar Parishad and P.O- Bihat, Tola/Mohalla-
Ibrahimpur, Ward No.- 32, P.S- Barauni (Now FCI), Sub Division and
District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate cum District Collector
Begusarai Begusarai.
2. Sri Srikant Shastri, the District Magistrate cum District Collector, Begusarai.
3. Shri Maneesh, the Superintendent of Police, District- Begusarai.
4. Sri Anil Kumar, the Sub Divisional Magistrate (SDM) of Sub Division
Begusarai Sadar, District- Begusarai.
5. Mr. Suraj Kant, The Circle Officer, Circle- Barauni, District and Sub
Division- Begusarai.
6. Sri Vinit Kumar, the Station House Officer, P.S.- FCI in the District of
Begusarai.
7. Sri Ram Binod Thakur, Revenue Officer, Circle Barauni District-Begusarai
Magistrate appointed to implement order dated 08.01.206 passed by the
SDM Begusarai.
8. Sri Deepak Aryan, In Charge Circle Inspector Magistrate appointed to
implement order dated 08.01.206 passed by the SDM Begusarai Sadar.
9. Sri Binod Kumar, Son of Late Amarnath Jaiswal, Resident of Village, Nagar
Parishad and P.O- Bihar, Tola/ Mohalla- Ibrahimpur, Ward No.-32, P.S.-
Barauni (Now FCI), Sub Division and District- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saket Kumar
Patna High Court MJC No.192 of 2026(6) dt.01-05-2026
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For the State : Mr. P. K. Shahi, Advocate General
Mr. Madanjeet Kumar, GP 20
For O. P. No. 9 : Mr. Neeraj Kumar
Mr. Amritesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 01-05-2026 1. This Court, vide order, dated 03.04.2026, initiated
contempt proceeding against Opposite Party Nos. 2 to 8,
and directed them to appear in person before this Court
for framing of charge.
2. Pursuant to the order, dated 03.04.2026, the contemnors
were present in Court on 24.04.2026.
3. Mr. P. K. Shahi, learned Advocate General, submitted on
that date that within one week, the contemnors shall purge
the contempt and restore back the possession of the
petitioners, who were evicted from the premises in
violation of the interim order, dated 16.01.2026 passed by
this Court, in CWJC No. 519 of 2026.
4. Mr. Saket Kumar, learned Counsel for the petitioners
submits that at the time of evicting the petitioners from
their house/premises, a large scale damage was done to
the residential premises of the petitioners, the pipeline,
the electricity line, the air conditioners, etc. were also
pulled down and damaged. The possession has been
restored, but all these damages have been left as it is and
Patna High Court MJC No.192 of 2026(6) dt.01-05-2026
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the premises is not in habitable condition right now.
5. On this statement, this Court observed that let a sum of
Rs. 5,00,000/- (five lakhs) be given to the petitioner for
meeting the expenses to make the premises in habitable
condition and in the same position as was prior to the
eviction of the petitioners from the same.
6. The learned Advocate General, upon this, submits that the
State Government may not be fasten with the liability of
the illegal action of its officials and this Court may fix the
liability upon the concerned officials, who were
responsible for violating the interim order.
7. Mr. Madanjeet Kumar, learned Government Pleader No.
20, appearing for the State, and assisting the learned
Advocate General, on 03.04.2026, had submitted before
this Court that immediately after passing of the interim
order by this Court, he talked to the deputed Magistrate
Sri Ram Binod Thakur at 11:11 AM, 11:13 AM, 11:14
AM, 12:16 PM., and 12:17 PM, and informed him about
the interim order passed by this Court. It was also
submitted that the deputed Magistrate told learned G. P.
20, to inform the Sub Divisional Magistrate, Sadar
Begusarai, upon which, learned G. P. 20 called the Sub
Patna High Court MJC No.192 of 2026(6) dt.01-05-2026
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Divisional Magistrate at about 12:21 PM on the same
date, i.e. 03.04.2026, but the call was not picked up and
after 2 minutes 16 seconds, learned G. P. 20 received a
call from the Sub Divisional Magistrate, Begusarai and he
informed the Sub Divisional Magistrate about the interim
order passed by this Court at about 12:29 PM. The reply
of the Sub Divisional Magistrate was that he would first
take legal advice from his legal advisor and would get
back to him. learned G. P. 20 also talked to the Station
House Officer, FCI Police Station, who told learned G. P.
20 to send the copy of the order and then only, the order
would be complied.
8. It has been submitted by learned G. P. 20 as well as
learned Advocate General that the District Magistrate,
Begusarai and the Superintendent of Police, Begusarai,
were not informed by their subordinates about the interim
order passed by this Court and learned G. P. 20 was also
not able to inform about the interim order of this Court to
the District Magistrate, Begusarai and the Superintendent
of Police, Begusarai.
9. As such, the submission is that whatever liability is there
for violating the order passed by this Court is upon the
Patna High Court MJC No.192 of 2026(6) dt.01-05-2026
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two deputed Magistrates, namely, Mr. Ram Binod Thakur,
Revenue Officer, Barauni Circle and Mr. Deepak Aryan,
the Incharge Circle inspector, Mr. Vinit Kumar, Station
House Officer, FCI Police Station and Mr. Anil Kumar,
the Sub Divisional Magistrate, Sadar Begusarai, and if the
Court is of the view that the petitioners may be given
certain amount for effective restoration of his possession,
the Court may fasten the liability on the officials
responsible for violating the order of this Court.
10. Considering the submission of the parties and the fact that
the order passed by this Court, dated 03.04.2026 was
violated, but the possession of the premises has now been
restored to the petitioners, however not in the same
habitable condition, which was existing at the time of
passing of the interim order, this Court is of the
considered view that the two deputed Magistrates,
namely, Mr. Ram Binod Thakur, Revenue Officer,
Barauni Circle and Mr. Deepak Aryan, the Incharge
Circle Inspector, Mr. Vinit Kumar, Station House Officer,
FCI Police Station and Mr. Anil Kumar, the Sub
Divisional Magistrate, Sadar Begusarai, shall pay a sum
of Rs. 1,25,000/- (one lakh twenty five thousand) each to
Patna High Court MJC No.192 of 2026(6) dt.01-05-2026
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the petitioner no. 2, the eldest son of the petitioner no. 1,
within a period of fifteen days from today, by way of
RTGS/NEFT in the bank account of the petitioner no. 2,
Vijay Kumar, i.e. S.B. A/c No. 30385260070, Barauni
Fertilizer Township Branch, State Bank of India, having
IFSC Code SBIN0002913, in order to meet the expenses
in making the premises habitable.
11.The present contempt application is accordingly disposed,
with the aforesaid observation and direction.
12. The personal appearance of Sri Srikant Shastri, District
Magistrate, Begusarai, Sri Maneesh, Superintendent of
Police, Begusarai, Sri Anil Kumar, the Sub Divisional
Magistrate, Sadar Begusarai, Sri Suraj Kant, Circle
Officer, Barauni Block, Sri Vinit Kumar, Station House
Officer, FCI Police Station, Sri Ram Binod Thakur,
Revenue Officer, Barauni Circle and Sri Deepak Aryan,
the Incharge Circle Inspector, is dispensed with.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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