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Patna High Court

Nand Kishore MishraversusShri Dipak Kr. Singh, the Additional Chief Secretary, Department of Revenue and Land Reforms

Decided
Disposal
DISPOSED

Holding

Since the required order was eventually passed, the contempt petition was dismissed.

Summary

Petitioner Nand Kishore Mishra filed a contempt petition alleging that the State officials, particularly Opposite Party No.5, wilfully disobeyed a High Court order dated 08.08.2024 which required a reasoned order within three months. The State counsel argued that a reasoned order was issued on 11.07.2025, thereby complying with the court's direction. The petitioner contended that the delay was inordinate and amounted to contempt. The Court examined the compliance and noted that despite the delay, the order had ultimately been passed. Consequently, the Court held that there was no basis to continue the contempt proceeding and disposed of the petition.

Issues considered

  • Whether the delay in passing the reasoned order amounts to wilful disobedience of the High Court's order
  • Whether a contempt petition is maintainable when the statutory order has eventually been complied with

Subjects

  • contempt of court
  • wilful disobedience
  • delay in compliance
  • reasoned order
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2577 of 2025
                                                        In
                                Civil Writ Jurisdiction Case No.11779 of 2024
                 ======================================================
                 Nand Kishore Mishra Son of Late Vyas Mishra, Resident of Village- Korma,
                 Police Station- Ghoshi, District- Jehanabad.

                                                                              ... ... Petitioner/s
                                               Versus
           1.    Shri Dipak Kr. Singh, the Additional Chief Secretary, Department of
                 Revenue and Land Reforms Government of Bihar, Patna.
           2.    Alankrita Pandey, the District Magistrate, Jehanabad.
           3.    Shri Jay Singh, the Director, Special Land Settlement, Bihar at Patna.
           4.    Shri Prabhat Kumar Gaur, the District Settlement Officer-cum- District
                 Level Survey Officer, Jehanabad.
           5.    Shri Upendra Prasad, Special Land Settlement Officer, Jehanabad.
           6.    Shri Aash Kumar, Assistant Settlement Officer-cum-Special Land Survey
                 Camp, Incharge, Modanganj, District- Jehanabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Dharmendra Chaubey, Advocate
                 For the State           :        Mr. Md. Zeeshan Kalim, AC to SC-20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   18-03-2026                   Heart the parties.

                                 2. The present application has been filed for issuance

                   of following relief/s:

                                                        “1. That this application is being

                                             filed for issuance of contempt proceeding

                                             against the Opposite Parties including

                                             Opposite Party No. 5 for wilful disobedience

                                             of   the   Hon'ble    Court's     order      dated

                                             08.08.2024 passed by Hon'ble Mr. Justice
Patna High Court MJC No.2577 of 2025(4) dt.18-03-2026
                                            2/3




                                  Rudra       Prakash      Mishra,    in   C.W.J.C.

                                  No.11779 of 2024 by which this Hon'ble

                                  Court directed the Opposite Party No. 5 to

                                  dispose of the application dated 08.02.2024

                                  in accordance with law by passing a

                                  reasoned and speaking order within a period

                                  of    three     months    from     the   date   of

                                  receipt/production of a copy of this order

                                  and further to pass any other order or orders

                                  for which this petitioner found entitled.”

                       3. Learned State counsel has taken this Court to the

          relevant paragraphs of the show cause filed on behalf of the

          opposite parties to demonstrate that the order dated 08.08.2024

          has been complied with by passing a reasoned and speaking

          order dated 11.07.2025.

                       4. Learned counsel for the petitioner, referring to the

          rejoinder, has submitted that there has been inordinate delay in

          compliance of the order and the same amounts to wilful

          disobedience. It has also been contended that the stand taken in

          the show cause is not in accordance with law.

                       5. In that background, considering that the order has

          ultimately been complied with, allowing the petitioner to agitate
          Patna High Court MJC No.2577 of 2025(4) dt.18-03-2026
                                                      3/3




                    the matter, if any grievance still remains, the present contempt

                    petition is disposed of.



                                          (Rudra Prakash Mishra, J)
Alok Verma/-

U


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