Patna High Court
Deep Chhanda GhoshversusThe State of Bihar through the Additional Chief Secretary, Department of Nagar Vikash
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed of the contempt application, holding that the matter may be pursued in the appropriate forum and that the pending title suit does not preclude demolition for public safety.
Summary
The petitioners, Deep Chhanda Ghosh and Mukta Ghosh, filed an application seeking initiation of civil contempt proceedings against the State of Bihar, the District Magistrate, and the Town Commissioner for allegedly willfully disobeying the Patna High Court's order dated 19‑09‑2024 in case C.W.J.C. No. 13749 of 2024. The order required demolition of a building, a step the Bhagalpur Municipal Corporation had already concluded was necessary for public safety, despite a pending Title Suit No. 37 of 2024. The petitioners argued that the opposite parties’ refusal to comply amounted to contempt. The Court noted that the pending title suit does not bar the municipal corporation from taking protective action, but found no sufficient basis to proceed with contempt proceedings at this stage. Consequently, the Court disposed of the contempt application, granting the parties liberty to pursue their interests before the appropriate forum.
Issues considered
- What constitutes civil contempt for willful disobedience of a High Court order?
- Whether the pendency of a title suit bars a municipal corporation from demolishing a building for public safety.
- Whether the respondents’ actions justify initiation of contempt proceedings.
Subjects
- civil contempt
- municipal corporation
- demolition
- public safety
- pending title suit
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2044 of 2025
In
Civil Writ Jurisdiction Case No.13749 of 2024
======================================================
1. Deep Chhanda Ghosh W/o Late Mahasay Alok Nath Ghosh, Resident of
M.T.N. Ghosh Road, Post- Champanagar, P.S.- Nathnagar, District-
Bhagalpur.
2. Mukta Ghosh, D/o Late Mahasay Alok Nath Ghosh, Wife of Soumya Roy
Choudhary, Resident of M.T.N. Ghosh Road, Post- Champanagar, P.S.-
Nathnagar, District- Bhagalpur, presently, resident of C-141 Flat No.- 7, 4th
Floor, Street No.- 3, 100 Feet Road Chhattarpur Enclave, Phase-2,
Chattarpur, P.O. and P.S.- Chattarpur, District- South Delhi, Delhi- 110074.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Nagar Vikash Government of Bihar, Patna namely Sri Abhay Kumar Singh.
2. The District Magistrate, Bhagalpur, namely Dr. Nawal Kishore Choudhary.
3. The Town Commissioner, Nagar Nigam, Bhagalpur namely Sri Subham
Kumar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Adv.
For the Opposite Party/s : Mr. Abbas Haider, SC-6
For the Corporation : Mr. Manoj Kr. Sinha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 09-01-2026 Heard Mr. Pramod Mishra, learned counsel for the
petitioner and the State.
2. The present application has been preferred for
for initiation of proceeding of civil
contempt against the Contemnors / Opposite
Parties for their willful disobedience and
deliberate disrespect to the order dated
-19.09.2024 passed in C.W.J.C. No. 13749 of
2024 (Deep Chanda Ghosh & Anr. Vs. The
State of Bihar and Others) by this Court.
Patna High Court MJC No.2044 of 2025(6) dt.09-01-2026
2/2
3. The facts have already been recorded in the order
dated 12.12.2025 and the Bhagalpur Municipal Corporation has
come to a conclusion that the building has to be demolished.
4. It has been informed by the parties that the Title
Suit No. 37 of 2024 is already pending in which parties have
appeared. However, the pendency of Title Suit No. 37 of 2024
shall not deter the Bhagalpur Municipal Corporation from
going ahead/taking appropriate steps for safeguarding the life
and property of the public at large if situation so warrant
pursuant to the report submitted by its own Officer that the
building needs to be demolished.
5. MJC No. 2044 of 2025 stands disposed of with the
aforesaid observations granting liberty to the parties to agitate
the matter to safeguard their interest before appropriate forum.
(Rajiv Roy, J)
Vijay Singh/-
U
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