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Patna High Court

Bambam SahversusThe State of Bihar through Brajesh Mehrotra

Decided
Disposal
DISPOSED

Holding

The Court disposed of the contempt application, directing the District Land Acquisition Officer to complete the payment as per the earlier order.

Summary

Petitioner Bambam Sah filed an application seeking a rule of contempt against the State of Bihar and other officials for allegedly willfully disobeying the High Court's order dated 28‑03‑2024 in Civil Writ Jurisdiction Case No. 21329 of 2018. The petition alleged defiant attitude and deliberate non‑compliance with the order. Counsel for the National Highway Authority of India produced annexures showing a letter dated 05‑12‑2025 directing the District Land Acquisition Officer to make an immediate payment of Rs.11,11,051. The Court, after considering these facts, directed the District Land Acquisition Officer to take the matter to its logical conclusion and disposed of the contempt application. No contempt rule was issued, and the matter was left for the officer to implement the payment direction.

Issues considered

  • What constitutes willful disobedience of a court order sufficient to attract contempt proceedings?
  • Whether the steps taken by the NHAI and the District Land Acquisition Officer satisfy the compliance required by the earlier order.

Subjects

  • contempt of court
  • non‑compliance
  • civil writ jurisdiction
  • land acquisition
  • NHAI
  • court order enforcement
  • payment direction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2817 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.21329 of 2018
                 ======================================================
                 Bambam Sah Son of Late - Girdhari Sah, Resident of Village- Govindpur,
                 P.S.- Simri, District- Darbhanga.

                                                                                 ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar through Brajesh Mehrotra Fathers name not known to the
                 Petitioner, the Chief Secretary, Government of Bihar, Patna.
           2.    Shree Dipak Kumar Singh, fathers name not known to the Petitioner, The
                 Principal Secretary, Department of Land Reforms, Government of Bihar,
                 Patna.
           3.    Rajiv Roushan, fathers name not known to the Petitioner, The District
                 Magistrate, Darbhanga.
           4.    Baleshwar Prasad, fathers name not known to the Petitioner, The District
                 Land Acquisition Officer-cum-competent Authority, Darbhanga.
           5.    Arun Kumar Srivastava, fathers name not known to the Petitioner, National
                 Highway Authority of India Ltd., through its Project Manager.
           6.    Lalit Kumar, fathers name not known to the Petitioner, The Project Manager,
                 National Highway Authority of India Ltd. Darbhanga.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jay Prakash Singh, Adv.
                 For the Opposite Party/s :        Mr. Standing Counsel 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   09-01-2026                    Heard the parties.

                                2. The present application has been preferred:

                                                        for issuance of a rule of contempt
                                              against the opposite parties for their willful
                                              disobedience, defiant attitude and deliberate
                                              violation of the order dated 28.03.2024
                                              passed in C.W.J.C. No. 21329 of 2018 by this
                                              Court and on return of the rule and on such
                                              cause as may be shown be pleased to convict
           Patna High Court MJC No.2817 of 2024(3) dt.09-01-2026
                                                       2/2




                                             and suitably punished for their such defiant
                                             attitude and deliberate non-compliance.
                                  3.   Learned counsel for ‘the NHAI’ has taken this

                     Court to Annexure 6 and 6A to show that vide letter dated

                     05.12.2025, direction has been given to the District Land

                     Acquisition Officer, Darbhanga to take immediate steps for

                     payment of Rs. 11,11,051/-.

                                  4. Taking into account the aforesaid facts and

                     directing the District Land Acquisition Officer, Darbhanga to

                     take the matter to its logical conclusion, MJC No. 2817 of 2024

                     is disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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