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Patna High Court

Deo Raj Kumar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of as the State has complied with the earlier order by allowing the mutation of the petitioner’s land.

Summary

The petitioner, Deo Raj Kumar Prasad, filed a contempt petition seeking initiation of contempt proceedings against the State of Bihar and its officials for allegedly failing to comply with an order dated 15 January 2002 in a prior writ case (C.W.J.C No. 11392 of 2001). The State argued that the Circle Officer had issued an order on 18 July 2023 permitting the mutation of the petitioner’s land, thereby complying with the earlier directive. The petitioner contended that the compliance was delayed, having approached the court after twenty years. The court examined the record, noted the mutation order, and concluded that the statutory direction had been fulfilled. Consequently, the contempt petition was dismissed and the matter disposed of.

Issues considered

  • Did the State of Bihar and its officials fail to comply with the 15 January 2002 order, warranting contempt proceedings?
  • Was the mutation order dated 18 July 2023 sufficient compliance with the earlier court direction?

Subjects

  • contempt of court
  • mutation of land
  • civil writ jurisdiction
  • compliance with court order
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2156 of 2021
                                                         In
                                Civil Writ Jurisdiction Case No.11392 of 2001
                 ======================================================
                 Deo Raj Kumar Prasad S/o Late Ram Autar Singh Resident of Village and
                 P.O.- Rasalpur, P.S.- Noorsarai, Distt- Nalanda, Presently resident of Mohalla-
                 Manik Chand Talab, Near K.M.M. Hospital, P.O.- Anisabad, P.S.-
                 Gardanibagh, Distt- Patna (Bihar).

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar through the Collector, Patna, Sri Dr. Chandra Shekhar
                 Prasad, S/o not known to the petitioner.
           2.    The Collector of the District- Patna, Dr. Chandra Shekhar Prasad, S/o not
                 known to the petitioner.
           3.    The Circle Officer, Sadar, Patna, Sri Jitendra Kumar Pandey S/o not known
                 to the petitioner.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shashi Nath Jha, Advocate
                 For the Opposite Party/s :     Mr. Md. Khurshid Alam (AAG 12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                     Heard the parties.

                                2. The present matter has been preferred for :

                                                 “initiation of Contempt proceedings

                                       against the opp. Party (Contemnors) for non-

                                       compliance/violation of order & direction

                                       passed by this Hon'ble Court (Hon'ble Mr.

                                       Justice Shiva Kirti Singh) on dt. 15/01/2002 in

                                       C.W.J.C NO.-11392 of 2001 (Deo Raj kumar

                                       Prasad Vs. The State of Bihar & others).”

                                3. Show cause of Opposite Party Nos. 1 – 3 is on
             Patna High Court MJC No.2156 of 2021(3) dt.12-03-2026
                                                         2/2




                       record and learned State counsel has taken this Court to

                       paragraph 6 and 7, according to which, the Circle Officer, Patna

                       Sadar has passed an order dated 18.07.2023 and the mutation of

                       the land of the petitioner has been allowed. Though, the

                       petitioner approached this Court after 20 years, the State has

                       taken positive steps and the mutation has been allowed.

                                    4. In that background, MJC No. 2156 of 2021 is

                       disposed of.



                                                            (Rajiv Roy, J)
atul/-

U        T


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