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Patna High Court

Lappu DasversusThe State of Bihar through the Addl. Chief Secretary-cum-Principal Secretary

Decided
Disposal
DISPOSED

Holding

No contempt is made out and the petition cannot be taken up further; the case is disposed.

Summary

Petitioner Lappu Das applied for landless status, seeking the Collector to act within six months as ordered by the Court. The State of Bihar contended that the petitioner already owns a residential building and is therefore not entitled to any land. The Court directed the petitioner to file an affidavit denying the State’s claim, but the petitioner failed to submit the required affidavit. The Court held that the failure to file the affidavit does not constitute contempt and that the petitioner may approach the appropriate authority for relief. Consequently, the Court disposed of the petition, stating it cannot be taken up further.

Issues considered

  • Whether the petitioner’s failure to file the affidavit amounts to contempt of court
  • Whether the petition for landless status can be entertained further in the absence of the affidavit

Subjects

  • land reforms
  • landless status
  • contempt of court
  • civil writ jurisdiction
  • petition disposal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.275 of 2025
                                                       In
                                 Civil Writ Jurisdiction Case No.1639 of 2024
                 ======================================================
                 Lappu Das Son of Mithu Das, Resident of village - Mohammadpur, P.O. -
                 Alinagar P.S.- Suryagarha, District- Lakhisarai (Bihar).

                                                                                 ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Addl. Chief Secretary-cum-Principal
                 Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna,
                 namely Shri Deepak Kumar Singh.
           2.    Mithilesh Mishra, The Collector, Lakhisarai.
           3.    Sudhanshu Shekhar, The Addl. Collector, Lakhisarai.
           4.    Smt. Situ Sharma, The Deputy Collector, Land Reforms, Lakhisarai.
           5.    Swantatra Kumar, The Circle Officer Suryagarha,
           6.    Dinesh Singh, Mohammadpur, P.O. Alinaga P.S. Suryagarh, District-
                 Lakhisarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramakant Ram, Adv.
                 For the Opposite Party/s :        Mr. Additional Advocate General 9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   16-01-2026                    Heard the parties.

                                2. The present application has been preferred:

                                                        against the order dated 10.05.2024
                                              passed in C.W.J.C. No. Mr. 1639/2024
                                              passed by this Court and direction was given
                                              to the Collector, Lakhisarai with proper
                                              petition showing him as landless person the
                                              concerned Respondent shall taken up the
                                              matter and disposed it of within period of six
                                              months thereafter.
                                3.    The stand of the State is that the petitioner
           Patna High Court MJC No.275 of 2025(5) dt.16-01-2026
                                                       2/2




                     possesses residential building and he is not entitled for

                     settlement of any piece of land.

                                  4. This Court wanted an affidavit on behalf of the

                     petitioner specifically stating that the said statement of the State

                     is incorrect inasmuch as he does not own a single piece of land.

                                  5. Though a reply has come, the said statement is

                     missing.

                                  6. In that background, this Court is of the opinion that

                     no contempt is made out. The petitioner, if so want, can agitate

                     the matter before appropriate authority but this case cannot be

                     taken up further.

                                  7. MJC No. 275 of 2025 stands disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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