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Patna High Court

Raj Nandan SinghversusThe State of Bihar through the District Magistrate, Patna

Decided
Disposal
DISPOSED

Holding

The court granted the petitioner liberty to intervene in the pending jamabandi cancellation case and disposed of the contempt petition.

Summary

The petitioner, Raj Nandan Singh, filed a contempt petition seeking liberty to intervene in a pending jamabandi cancellation proceeding concerning alleged encroachers. The opposite parties submitted that the Circle Officer, Danapur, had already passed a final order on an earlier encroachment case and recommended cancellation of the jamabandi of the encroachers. The petitioner requested the court to allow him to intervene in the jamabandi cancellation case No. 3 of 2024‑25 and to avail any other legal remedies. The court examined whether such liberty could be granted under the law. It held that the petitioner was entitled to be given liberty to intervene in the pending case. Consequently, the court granted the liberty and disposed of the contempt petition.

Issues considered

  • Whether the petitioner is entitled to liberty to intervene in the pending jamabandi cancellation case.
  • Whether the contempt petition should be dismissed.

Subjects

  • encroachment
  • jamabandi cancellation
  • intervention
  • contempt petition
  • civil writ jurisdiction
  • Patna High Court

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.1990 of 2024
                                                         In
                                 Civil Writ Jurisdiction Case No.6583 of 2023
                 ======================================================
                 Raj Nandan Singh Son of Fekan Singh, Resident of Village - Neuora
                 Dariyapur, P.S. - Shahapur, District - Patna.

                                                                                  ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Patna Patna.
           2.    Mr. Shirsat Kapil Ashok, the District Magistrate, Patna.
           3.    Mr. Pradeep Singh, the Sub-Divisional Officer, Danapur, District - Patna.
           4.    Sri Chandan Kumar, the Circle Officer, Danapur, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sanjay Kumar Mishra, Adv.
                 For the Opposite Party/s :     Mr.Standing Counsel 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

5   25-02-2026             The learned counsel for the opposite parties submits that

                   in compliance of the order of this Court dated 30.10.2023,

                   passed in CWJC No. 6583 of 2023, the Circle Officer, Danapur

                   has passed the final order dated 11.9.2024 in Encroachment

                   Case      No.     4    of   2022-23,    whereby          and      whereunder

                   recommendation has been made for cancellation of jamabandi

                   of the alleged encroachers.

                   2.      In view of the aforesaid, the learned counsel for the

                   petitioner seeks liberty on behalf of the petitioner to intervene in

                   the jamabandi cancellation case no. 3 of 2024-25, which is

                   pending consideration, by availing such remedies as are

                   otherwise available under the law. Liberty, so sought, is granted.
         Patna High Court MJC No.1990 of 2024(5) dt.25-02-2026
                                                     2/2




                   03.     Accordingly, the present contempt petition stands

                   disposed off.


                                           (Mohit Kumar Shah, J)

Ajay/-

U


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