Patna High Court
Sumitra Devi and AnrversusThe State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Old Secretariat, Patna and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that no contempt had occurred as the order was effectively complied with, and therefore dismissed the contempt petition.
Summary
The petitioners, residents of Village Chahuta, filed a contempt petition against the State of Bihar and several officials alleging willful disobedience of a High Court order dated 10-10-2017 that directed the Circle Officer, Bisfi, to conclude an encroachment proceeding within two months. The petition sought initiation of contempt proceedings on the ground that the encroachment case No. 02 of 2015-16 remained pending. The State counsel countered that the encroachers had removed the encroachments and that the petitioners themselves had signed the related documents, indicating compliance with the order. After hearing the parties, the Court examined whether the order had been effectively complied with and whether the petitioners had a valid ground to claim contempt. Finding that the order was substantially complied with and no willful disobedience was established, the Court disposed of the contempt petition. The Court, however, granted the petitioners liberty to raise the matter again if they still harbored any grievance.
Issues considered
- Did the opposite parties commit contempt of court by failing to conclude the encroachment proceeding within the two‑month period prescribed in the order dated 10-10-2017?
- Was there sufficient evidence to show willful and deliberate disobedience of the High Court's direction?
- Is the petitioners' request for initiation of contempt proceedings maintainable in the circumstances?
Subjects
- contempt of court
- willful disobedience
- high court order
- encroachment case
- civil writ jurisdiction
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3150 of 2018
In
Civil Writ Jurisdiction Case No.15023 of 2015
======================================================
1. Sumitra Devi and Anr Wife of Late Shubhchanu Chaudhary,
2. Bhagya Narayan Chaudhary, Son of Late Ramdeo Chaudhary, Both are
resident of Village- Chahuta, P.S.- Bisfi, District- Madhubani.
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Old
Secretariat, Patna
2. The Principal Secretary, Department of Home, Govt. of Bihar, Patna.
3. The Director General of Police, Govt. of Bihar, Patna.
4. The District Magistrate, Madhubani.
5. The Superintendent of Police, Madhubani.
6. The Sub Divisional Officer, Benipatti, Madhubani.
7. The Circle Officer, Bisfi, Madhubani.
8. The Officer In Charge / Station House Officer, Police Station Bisfi, District
Madhubani.
9. Ram Naresh Chaudhary Son of Late Mukunel Chaudhary,
10. Rajeev Kumar Jha, Son of Krishna Kumar Jha,
11. Pankaj Thakur, Son of Pashupati Thakur,
12. Shashi Bhushan Chaudhary, Son of Late Rajendra Chaudhary,
13. Chalitar Das, Son of Late Sachchai Das,
14. Jiweshwar Chaudhary, Son of Late Jai Narayan Chaudhary,
15. Kulesh Chaudhary, Son of Late Jai Narayan Chaudhary,
16. Sudhira Devi, Wife of Late Vinod Narayanpur,
17. Buchchi Devi, Wife Late Naseeb Narayan Chaudhary, All are resident of
Village- Chahuta, P.S.- Bisfi, District- Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prem Ranjan Kumar, Advocate
For the Opposite Party/s : Mr.Rajnish Shandilya, AC to GA-11
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 02-04-2026 Learned counsel for the petitioners submit he will be
removing the defect(s) in the case.
2. Heard the parties.
3. The present petition has been preferred for the
Patna High Court MJC No.3150 of 2018(5) dt.02-04-2026
2/2
following relief/s:
(i) for initiation of contempt proceeding
against Opposite Parties for willful and
deliberate disobedience of the order dated
10.10.2017 passed in C.W.J.C. No. 15023 of
2015 whereby and where under the Hon'ble
Court has pleased to give direction to the
Circle Officer, Bisfi Madhubani (Opposite
Party No. 7) to conclude the proceeding of
Encroachment Case No. 02 of 2015-16
within a period of two months but the same
has not been concluded yet.
4. Learned State counsel has taken this Court to the
show cause with specific reference to paragraph-10 to show that
the encroachers have removed their encroachment and have put
in their respective signatures which include the name of these
petitioners herein.
5. In that background, the present contempt petition is
disposed of with liberty to the petitioners to agitate the matter
further, if they still have any grievance.
(Rajiv Roy, J)
Ravi/-
U
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