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Patna High Court

Chandrama SinghversusThe State of Bihar through Sri Deepak Kumar Singh, fathers name not known to the petitioner

Decided
Disposal
DISMISSED

Holding

The contempt proceeding is dropped and the petition is dismissed, with liberty to the petitioners to challenge the order dated 14‑05‑2024 before the appropriate forum.

Summary

The petitioners – Usha Singh, Poonam, Priyanka and Kabeer Singh, and Maheshwar Prasad Singh – filed a miscellaneous jurisdiction petition before the Patna High Court seeking compliance with an earlier order dated 15‑02‑2024 in Civil Writ Jurisdiction Case No.2816 of 2020. They alleged that the State, represented by the Additional Chief Secretary‑cum‑Principal Secretary, Revenue and Land Reforms, had not complied with that order. The State countered that a show‑cause notice had been issued and that an order dated 14‑05‑2024 (Memo No. 2147) had been passed in response. The petitioners contended that the 14‑05‑2024 order was based on a misinterpretation and therefore unsatisfactory. The Court held that the contempt proceedings initiated against the State were to be dropped and dismissed the petition, but granted the petitioners liberty to challenge the 14‑05‑2024 order before the appropriate forum. Consequently, the petition was dismissed without any penalty or further direction.

Issues considered

  • Whether the State complied with the order dated 15‑02‑2024 in C.W.J.C. No.2816 of 2020
  • Whether contempt proceedings against the State are warranted
  • Whether the petitioners may be permitted to challenge the order dated 14‑05‑2024 (Memo No. 2147) in another forum

Subjects

  • contempt of court
  • civil writ jurisdiction
  • order compliance
  • land reforms
  • petition dismissal
  • show cause notice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Miscellaneous Jurisdiction Case No.2088 of 2024
                                                   In
                             Civil Writ Jurisdiction Case No.2816 of 2020
                ======================================================
           1.1. Usha Singh W/o late Chandrama Singh, Resident of Mohalla - Idgah, Road-
                 Makhanpur (West), Gyan Bhavan, Gulzarbagh, P.S. - Alamganj, District-
                 Patna.
           1.2. Poonam D/o late Chandrama Singh Resident of Mohalla - Idgah, Road-
                Makhanpur (West), Gyan Bhavan, Gulzarbagh, P.S. - Alamganj, District-
                Patna.
           1.3. Priyanka Singh D/o late Chandrama Singh, Resident of Mohalla - Idgah,
                Road- Makhanpur (West), Gyan Bhavan, Gulzarbagh, P.S. - Alamganj,
                District- Patna.
           1.4. Kabeer Singh S/o late Chandrama Singh, Resident of Mohalla - Idgah,
                Road- Makhanpur (West), Gyan Bhavan, Gulzarbagh, P.S. - Alamganj,
                District- Patna.
           2.    Maheshwar Prasad Singh, S/o Late Awadh Bihari Singh, Resident of
                 Mahatma Gandhi Nagar, Kanti Factory Road, Near Mukundkunj Apartment,
                 P.O.-Bahadurpur, Hari Singh Colony, P.S.- Agamkuan, District-Patna-
                 800026.

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Sri Deepak Kumar Singh, fathers name not
                 known to the petitioner the Additional Chief Secretary-cum-Principal
                 Secretary, Revenue and Land Reforms, Government of Bihar, Patna.
           2.    Sri Deepak Kumar Singh, father's name not known to the petitioner, the
                 Additional Chief Secretary-cum-Principal Secretary, Revenue and Land
                 Reforms, Government of Bihar, Patna.
           3.    Sri Jai Singh, Father's name not known to the petitioner, the Director, Land
                 Records and Survey, Bihar, Patna-800007.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Ms. Anju Jha, Advocate
                 For the Opposite Party/s :    Mr. Standing Counsel 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

6   18-03-2026                  Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                2. Learned counsel for the petitioners submit that the
             Patna High Court MJC No.2088 of 2024(6) dt.18-03-2026
                                                         2/2




                       order dated 15.02.2024 passed in C.W.J.C. No. 2816 of 2020

                       has not been complied with.

                                    3. Learned counsel for the State, on the other hand,

                       submits that the show cause has been filed in this matter and in

                       the show cause, the Additional Chief Secretary, Revenue &

                       Land Reforms Department, Govt. of Bihar, Patna has passed

                       order dated 14.05.2024 contained in Memo No. 2147.

                                    4. In response thereof, learned counsel for the

                       petitioners submit that the petitioners are aggrieved by the said

                       order dated 14.05.2024, due to the reason that, misinterpretation

                       has been made by the opposite party i.e. Additional Chief

                       Secretary, Revenue & Land Reforms Department, Govt. of

                       Bihar, Patna

                                    5. As such, the contempt proceeding is hereby

                       dropped and the present M.J.C. petition stands dismissed with

                       liberty to the petitioners to challenge the said order dated

                       14.05.2024 contained in Memo No. 2147, before the appropriate

                       forum.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U


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