Patna High Court
Ramwati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed of the contempt petition, finding no sufficient evidence to proceed and directing the petitioners to approach the appropriate authority with a proper affidavit.
Summary
The petitioners, a group of residents, filed a writ petition seeking contempt proceedings against the Deputy Development Commissioner and the Zila Parishad, Saran, alleging willful disobedience of a July 3, 2023 order. The opposite party filed a show‑cause response stating that the allocation of shops was made in three categories and that any pending allotments would be completed once petitioners deposited the required amounts. The petitioners alleged that the officials were acting mala fide and that allocations were being made only against bribes, but they offered no affidavit or specific names to support the claim. The court noted the absence of any affidavit or concrete evidence and advised the petitioners to approach the appropriate authority with a proper affidavit. After reviewing the show‑cause and the petition, the court disposed of the contempt petition, granting the petitioners liberty to agitate the matter through the proper channels if they wish.
Issues considered
- Whether the petitioners have sufficient grounds and evidence to initiate contempt proceedings against the Deputy Development Commissioner for alleged disobedience of the 03.07.2023 order
- Whether the court can entertain a contempt petition in the absence of an affidavit and specific allegations against named officials
Subjects
- contempt of court
- administrative law
- Zila Parishad
- show‑cause notice
- petition
- disobedience of order
- affidavit requirement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3260 of 2023
In
Civil Writ Jurisdiction Case No.19080 of 2019
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1. Ramwati Devi wife of Krishna Sah resident of Village- Bhairopur, P.O.-
Dighwara, P.S.- Dariyapur, District- Saran.
2. Krishna Sah, son of Late Chandradeep Sah, resident of Village- Bhairopur,
P.O.-Dighwara, P.S.- Dariyapur, District- Saran.
3. Sudhir Kumar, son of Krishna Sah and grandson of Late Chandradeep Sah,
resident of Village- Bhairopur, P.O.-Dighwara, P.S.- Dariyapur, District-
Saran.
4. Md. Mukhtar son of Late Abdul Rahim resident of Village- Hemtpur,
P.O.and P.S.- Dighwara, District- Saran.
5. Surendra Sah son of Late Basantlal Sah resident of Village and P.O.- Aami,
P.S.- Dighwara, District- Saran.
6. Bhagwat Ray son of Raja Ray resident of Village- Mirpur, P.O. and P.S.-
Dighwara, District- Saran.
7. Shri Bhagwan Bhagat son of Late Bharat Bhagat resident of Village- Saidpur
Dighwara, P.O. and P.S.- Dighwara, District- Saran.
8. Md. Parvej Alam son of Md. Mukhtar Alam resident of Village-
Hemtpur,P.O. and P.S.- Dighwara, District- Saran.
9. Mantu Sah son of Late Shivnath Sah resident of Village- Hemtpur, P.O.
andP.S.- Dighwara, District- Saran.
10. Krishna Sah, son of Sitaram SAh, resident of Village-Saidpur Dighwara,
P.O. and P.S.-Dighwara, District-Saran.
11. Mritunjay Kumar Singh, son of Rajendra Prasad Singh, resident of Village-
Saidpur Dighwara, P.O. and P.S.-Dighwara, District-Saran.
12. Ashok Kumar Singh, son of Dharm Singh, resident of Village and
P.O.Saidpur Dighwara, P.S.-Dighwara, District-Saran.
13. Vijay Singh, son of Late Rambadan Singh, resident of Village and
P.O.Saidpur Dighwara, P.S.-Dighwara, District-Saran.
14. Md. Ashlam son of Late Aashik Hussain resident of Village- Hemtpur,
P.O.and P.S.- Dighwara, District- Saran.
15. Baijnath Sah, son of Late Ram Awatar Sah, resident of Village-Chaknoor,
P.O. and P.S. Dighwara, District-Saran.
16. Upendra Sah, son of Harendra Sah, resident of Village-Meerpur (Bhual),
P.O. and P.S. Dighwara, District-Saran.
17. Sunita Devi, wife of Suman Prasad resident of Village- Saidpur
Dighwara,P.O. and P.S.- Dighwara, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Mrs. Priyanka Rani, Deputy Development Commissioner, Chhapra.
... ... Opposite Party/s
======================================================
Patna High Court MJC No.3260 of 2023(6) dt.18-03-2026
2/3
Appearance :
For the Petitioner/s : Mr. Lallan Kr. Singh, Advocate
Mr. Amit Anand, Advocate
For the Opposite Party/s : Mr. Bajarangi Lal, Advocate
For the State : Mr. Kumar Alok, SC-7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 18-03-2026 Heard Mr. Lallan Kr. Singh, learned counsel for the
petitioners and Mr. Bajarangi Lal representing the opposite party
no. 2 as also the State.
2. The present petition has been preferred for the
following relief(s):
“for initiating the proceeding of contempt
against the opposite parties for their willfully and
deliberately disobedience of the order dated
03.07.2023 passed in CWJC No. 19080 of 2019.”
3. A show-cause has come on behalf of the opposite
party no. 2, the Deputy Development Commissioner-cum-Chief
Executive Officer, Zila Parishad, Saran and learned counsel
representing the Zila Parishad has taken this Court to paragraph-6
to 10 to submit that three different categories were made, and
accordingly, while the cases of some of the petitioners were
rejected, others were allotted shops and in the third category, once
the persons appear, deposit their respective balance amount as per
the notice and execute the respective agreement, the Zila Parishad
will be handing over them the respective shops without any delay.
4. Learned counsel for the petitioners submit that those
Patna High Court MJC No.3260 of 2023(6) dt.18-03-2026
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sitting in the office of the Zila Parishad, Saran at Chapra are
working in a mala fide manner and only when their hands are
being greased, the choice allotments are being made.
5. The said statement/submission put forward by the
learned counsel for the petitioners is bereft of any affidavit on
record. Further, nor the name of the official has also not cropped
up. However, the petitioners, if convinced, are well advised to
approach the appropriate authority by making allegation alongwith
an affidavit so that appropriate steps/actions be taken against those
officials who are working against the interest of the Zila Parishad,
Saran at Chapra.
6. This Court has gone through the affidavit/show-cause
and must appreciate the way the present Chief Executive Officer,
Zila Parishad, Saran has acted and thereafter filed the show cause.
7. In that background, MJC No. 3260 of 2023 stands
disposed of with liberty to the petitioners to agitate the matter if
he/she/they so want.
(Rajiv Roy, J)
Adnan/-
U
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