Patna High Court
Smt. Mala DeviversusThe Union Of India, Through Its Project Director, Indian National Highway Authority, Patna Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that no contempt of the earlier order was established and therefore dismissed the contempt application.
Summary
Petitioner Smt. Mala Devi filed a contempt application alleging that several respondents, particularly the Anchal Adhikari, willfully disobeyed a June 20, 2017 order of the Patna High Court in C.W.J.C. No.7553 of 2017 directing compliance with a land‑related directive. The respondents submitted a supplementary show‑cause affidavit and attached a March 2, 2026 order stating that the land in question (Khesra No. 723 on NH‑31) is free of encroachment and that the persons named by the petitioner do not reside there. The Court examined the affidavit and the attached order, found the respondents’ averments satisfactory, and concluded that no contempt had occurred. The Court directed the petitioner to pursue any remaining grievance through the appropriate legal remedies and disposed of the contempt application.
Issues considered
- Whether the respondents, especially the Anchal Adhikari, willfully disobeyed the June 20, 2017 order of the High Court.
- Whether the facts presented by the respondents negate the basis for contempt proceedings.
Subjects
- contempt of court
- willful disobedience
- civil writ jurisdiction
- land encroachment
- NHAI
- order compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.316 of 2018
In
Civil Writ Jurisdiction Case No.7553 of 2017
======================================================
Smt. Mala Devi wife of Bhuvneshwar Rajak resident of Village- Laxmipur
Bind Toli, P.O. and P.S.- Sahebpur Kamal, District- Begusarai.
... ... Petitioner/s
Versus
1. The Union Of India, Through Its Project Director, Indian National Highway
Authority, Patna Bihar
2. The Project Director, Indian National Highway Authority, Bihar, Patna.
3. The State of Bihar
4. The Collector-cum-District Magistrate, Begusarai, Mr. Nawsad Yusuf
5. The Superintendent of Police, Begusarai, Mr. Aditya Kumar null null
6. The Sub-Divisional Officer-cum-S.D.M., Balia, District- Begusarai, Mr.
Braj Kishore Chaudhary
7. The Anchal Adhikari, Sahebpur Kamal, Anchal Sahebpur Kamal, District-
Begusarai, Mr. Manoranjan Kum
8. Surendra Sah son of Anup Sah
9. Munna Yadav son of Late Devo Yadav
10. Vikash Kumar son of Late Umesh Sah
11. Vakil Mandal son of Madvaki Mandal
12. Kailash Pandit son of Ram Badan Pandit
13. Shankar Sah son of Satho Sah
14. Kartik Das son of Triloki Das
15. Jawahar Mandal son of Narsingh Mandal
16. Rohit Yadav
17. Krishna Nandan Yadav
18. Nunudhan Yadav
19. Kishori Yadav all sons of Garib Yadav resident of Village- Baburahi
Laxmipur, P.O. and P.S.- Sahebpur Kamal, District- Begusarai.
20. Raso Mandal son of Bhola Mandal null
21. Rudal Mandal son of Narsingh Mandal All resident of Respondent no. 8 to
15 of Village- Laxmipur, P.O. and P.S.- Sahebpur Kamal, District- Begusarai
Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umashankar Prasad, Sr. Adv.
Mr. Kamala Kant Tiwary, Adv.
For the Opposite Party/s : Mr. Rajeev Shekhar, AC to GA-13
Patna High Court MJC No.316 of 2018(4) dt.26-03-2026
2/3
For the NHAI : Mr. Saket Tiwary, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 26-03-2026 Heard the parties.
2. The present application has been preferred:
for initiating Contempt
proceeding against the Opposite Parties,
specially the Opposite Party no.7 (Anchal
Adhikari Sahebpur Kamal) willful, for
deliberate disobedience of the order dated
20.06.2017 passed in C.W.J.C. No.7553 of
2017 by Hon'ble Mr. Justice Dinesh Kumar
Singh and also to purge the contempt by
obeying the order of this Hon'ble High
Court.
3. A supplementary show cause has been filed on
behalf of the opposite party nos. 4, 6 and 7 and the opposite
party has attached the order dated 02.03.2026 in which it has
been recorded that Khesra No. 723 on NH-31 is encroachment
free and the people mentioned by the petitioner are not
residing on the said plot.
4. This Court is satisfied with the said averment
made on affidavit. If the petitioner has still any grievance, can
Patna High Court MJC No.316 of 2018(4) dt.26-03-2026
3/3
take recourse to legal remedy available under the law.
5. MJC No. 316 of 2018 is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.