Created by Fuzzy Cloud

Patna High Court

Bhuvaneshwar Singh alias Bhulli Singh alias Bhuneshwar SinghversusThe State of Bihar through Mr. Yashpal Meena, the District Magistrate

Decided
Disposal
DISPOSED

Holding

The order directing demarcation was substantially complied with and no contempt of court is made out.

Summary

Petitioner Bhuvaneshwar Singh filed an application alleging that the District Magistrate, Vaishali, had failed to comply with a court order dated 25‑04‑2023 which required the demarcation of his land by certain officials before any construction could proceed. The respondents filed a show‑cause notice stating that the land measurement was carried out by the Anchal Amin on the scheduled date, with the petitioner present and having provided a digital map of the Mauza, and that the measurement results were recorded. The Court examined the show‑cause submission and concluded that the order had been substantially complied with, finding no basis for a contempt finding. The Court directed that the petitioner could pursue any further disputes regarding the measurement of his land before the appropriate forum. Consequently, the petitioner's application was disposed of.

Issues considered

  • Whether the respondents' actions constitute contempt of court for alleged non‑compliance with the demarcation order dated 25‑04‑2023
  • Whether the order directing demarcation was substantially complied with

Subjects

  • contempt of court
  • demarcation
  • land measurement
  • district magistrate
  • court order compliance
  • civil writ jurisdiction
  • land acquisition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.2863 of 2024
                                                       In
                                 Civil Writ Jurisdiction Case No.4244 of 2023
                 ======================================================
                 Bhuvaneshwar Singh alias Bhulli Singh alias Bhuneshwar Singh Son of Late
                 Daroga Singh, Resident of Village and Post- Rajapakar, P.S.- Rajapakar,
                 District - Vaishali.

                                                                     ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Mr. Yashpal Meena, the District Magistrate
                 Vaishali.
           2.    Mr. Yashpal Meena, the District Magistrate, Vaishali.
           3.    Mr. Shams Javed Ansari the Deputy Development Commissioner, Vaishali.
           4.    Smt. Khushbu Patel, the Deputy Collector Land Reforms, Mahua, Vaishali.
           5.    Smt. Chandrima Attri, the Sub-Divisional Officer, Mahua, Vaishali.
           6.    Mr. Gaurav Prakash, the Circle Officer, Rajapakar, Vaishali.
           7.    Mr. Manoj Kumar Singh the Land Acquisition Officer, Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Suryakant Kumar, Advocate
                 For the Opposite Party/s :    Additional Advocate General 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   18-03-2026                    Heard learned counsel for the petitioner and learned

                   counsel for the opposite parties.

                                2. The instant application has been filed alleging

                   violation of the directions contained in order dated 25.4.2023

                   whereby the District Magistrate, Vaishali was directed to ensure

                   that the land of the petitioner described in the writ application is

                   demarcated by respondent nos. 4 and 6 and only thereafter the

                   construction is proceeded with.

                                3. A show-cause has been filed on behalf of the
         Patna High Court MJC No.2863 of 2024(5) dt.18-03-2026
                                                     2/2




                   opposite party nos. 2 to 7 wherein it has been stated that

                   measurement was carried out by the Anchal Amin on the

                   scheduled date. At the time of measurement, the petitioner who

                   was present on the spot made available the digital map of the

                   concerned Mauza and as a result of the measurement, the result

                   which was found has been stated therein.

                                4. In view of the facts and circumstances stated in the

                   show-cause, the Court is of the opinion that the order has been

                   substantially complied with and no contempt is made out.

                                5. Learned counsel for the petitioner will be at liberty

                   to pursue the matter with respect to measurement of his land etc.

                   before the appropriate forum in accordance with law.

                                6. The application is disposed of.



                                               (Partha Sarthy, J)
Shiv/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.