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Patna High Court

Vinay Kumar SinghversusThe State of Bihar through Chief Secretary, Department of Land and Revenue,

Decided
Disposal
DISPOSED

Holding

The contempt application is dismissed as the respondents have complied with the writ court's directions.

Summary

Vinay Kumar Singh filed a contempt application alleging that the State of Bihar and several officials failed to comply with the directions issued by the Patna High Court in CWJC No. 4426 of 2022 dated 08-04-2022. The writ court had ordered the authority to consider and dispose of the matter within four months, follow natural justice, and conduct proceedings digitally during the COVID-19 pandemic. The respondents initiated an encroachment proceeding (Case No. 9 of 2025-26) and issued a final order on 04-11-2025, thereby complying with the writ court's directions. The bench held that since the directions were duly complied with, no further order was necessary in the contempt proceeding. Consequently, the contempt application was disposed of, and any pending applications were also dismissed.

Issues considered

  • Whether the respondents' actions constitute contempt for non‑compliance of the writ court's directions dated 08‑04‑2022.

Subjects

  • contempt of court
  • writ jurisdiction
  • compliance of court directions
  • natural justice
  • digital proceedings
  • COVID-19 pandemic
  • land encroachment
  • high court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Jurisdiction Case No.2344 of 2025
                                           In
                    Civil Writ Jurisdiction Case No.4426 of 2022
     ======================================================
     Vinay Kumar Singh, S/o Late Ramekbal Singh, R/o Village- Kishunpur
     Balaur, P.S- Kurhani, District- Muzaffarpur.

                                                               ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through Chief Secretary, Department of Land and
     Revenue, New Secretariat, Patna.
2.   Shri Raj Kumar, The Commission of Land and Revenue Tirhut
     Commissioner, Muzaffarpur.
3.   Pranv Kumar, The District Magistrate, Muzaffarpur, District Muzaffarpur.
4.   Brjesh Kumar, The Sub Divisional Officer, West Muzaffarpur, District
     Muzaffarpur.
5.   Khagesh Chand Jha, The Deputy Collector Land and Revenue, West
     Muzaffarpur, District Muzaffarpur.
6.   Dr. Niraj Kumar Ranjan, The Block Development Officer, Kurhani (Turki)
     P.S. Kurhani, District Muzaffarpur.
7.   Pankaj Kumar, The Circle Officer, Kurhani (Turki), P.S. Kurhani, District
     Muzaffarpur.
8.   Rajendra Sah S/o Late Ramsahay Sah, R/o Village Thatiya, P.S. Kurhani,
     District Muzaffarpur.
9.   Dashrath Singh S/o Late Kailash Singh, R/o Village Kishunpur Balaur, P.S.
     Kurhani, District Muzaffarpur.
10. Sharif Lal Singh S/o Late Ramfal Singh, R/o Village Kishunpur Balaur, P.S.
    Kurhani, District Muzaffarpur.
11. Mahavir Sah S/o Late Ramsagar Sah, R/o Village Kishunpur Balaur, P.S.
    Kurhani, District Muzaffarpur.
12. Lalbabu Sah S/o Shiv Prasad, R/o Village Kishunpur Balaur, P.S. Kurhani,
    District Muzaffarpur.
13. Ramchandra Sah S/o Baithnath Sah, R/o Village Kishunpur Balaur, P.S.
    Kurhani, District Muzaffarpur.
14. Ram Chandra Sah S/o Late Baithnath Sah, R/o Village Kishunpur Balaur,
    P.S. Kurhani, District Muzaffarpur.
15. Lakshandev Sah S/o Late Shivnandan Sah, R/o Village Kishunpur Balaur,
    P.S. Kurhani, District Muzaffarpur.
16. Baiju Sah S/o Late Sitaram Sah, R/o Village Thatiya, P.S. Kurhani, District
    Muzaffarpur.
17. Nagendra Sah S/o Late Bijli Sah, R/o Village Kishunpur Balaur, P.S.
    Kurhani, District Muzaffarpur.
18. Ramprawesh Saing S/o Late Nageshwar Singh, R/o Village Kishunpur
         Patna High Court MJC No.2344 of 2025(5) dt.21-01-2026
                                                     2/4




                 Balaur, P.S. Kurhani, District Muzaffarpur.
           19. Pankaj Kumar S/o Shambhu Singh, R/o Village Kishunpur Balaur, P.S.
               Kurhani, District Muzaffarpur.
           20. Dinesh Singh S/o Late Ramashish Singh, R/o Village Balaur Dih, P.S.
               Kurhani, District Muzaffarpur.
           21. Chandeshwar Singh S/o Late Vishundev Singh, R/o Village Kishunpur
               Balaur, P.S. Kurhani, District Muzaffarpur.
           22. Mahesh Sah S/o Hari Sah, R/o Village Balaur Dih, P.S. Kurhani, District
               Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sajid Salim Khan, SC 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5   21-01-2026                  Heard learned counsel for the parties.

                                2. The present contempt application has been filed for

                   non-compliance of the order dated 08.04.2022 passed in CWJC

                   No. 4426 of 2022.

                                3. The Writ Court, while disposing of the writ

                   application, had issued the following directions:-

                                   “As such, petition stands disposed of in the following
                                   terms:-
                                   (a) Liberty reserved to the petitioner to take recourse to
                                   such remedies as are otherwise available in accordance
                                   with law;
                                   (b) We are hopeful that as and when petitioner takes
                                   recourse to such remedies, as are otherwise available in
                                   law, before the appropriate forum, the same shall be
                                   dealt with, in accordance with law and with reasonable
Patna High Court MJC No.2344 of 2025(5) dt.21-01-2026
                                            3/4




                          dispatch;
                          (c) The authority concerned shall consider and dispose
                          of the matter expeditiously by a reasoned and speaking
                          order preferably within a period of four months from
                          the date of approaching the petitioner before the
                          appropriate authority;
                          (d) Needless to add, while considering and deciding the
                          matter, principles of natural justice shall be followed
                          and due opportunity of hearing afforded to the parties;
                          (e) Liberty reserved to the petitioner to approach the
                          appropriate forum/Court, should the need so arise
                          subsequently on the same and subsequent cause of
                          action;
                          (f) We have not expressed any opinion on merits. All
                          issues are left open;
                          (g) The proceedings, during the time of current
                          Pandemic- Covid-19 shall be conducted through digital
                          mode, unless the parties otherwise mutually agree to
                          meet in person i.e. physical mode.
                          The petition stands disposed of in the aforesaid terms.”



                       4. In pursuance of the observations and directions

          issued by the Writ Court, a proceeding, being Encroachment

          Case No. 9 of 2025-26 was initiated and a final order was

          passed on 04.11.2025 (Annexure-A to the show cause).

                       5. In view of the fact that the directions issued by the

          Writ Court has already been duly complied with and a final

          order has been passed, this Court is of the view that no further

          order is required to be passed in the present contempt

          application.
          Patna High Court MJC No.2344 of 2025(5) dt.21-01-2026
                                                      4/4




                                 6. Accordingly, the present contempt application

                    stands disposed of.

                                 7. Pending application(s), if any, shall also stand

                    disposed of.



                                                (Sudhir Singh, J)


                                                (Ritesh Kumar, J)
Sujit/-

U


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