Patna High Court
Gajendra Narayan RayversusThe State of Bihar through Sri Dipak Kumar Singh the Additional Chief Secretary
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The contempt application was dismissed as the District Magistrate’s undertaking satisfied the Court’s earlier order and no further cause of action remained.
Summary
The petitioner, Gajendra Narayan Ray, filed a contempt application against the State of Bihar alleging that construction was being carried out on Plot No. 2058, Khata No. 651 in Samastipur despite a prior High Court order. The Court had earlier directed the State to obtain a supplementary show‑cause from the District Magistrate, requiring an undertaking that no further construction would be permitted on the plot. The State complied, and the District Magistrate filed the supplementary show‑cause, expressly undertaking that no further construction would be undertaken and circulated the order to relevant officials. The petitioner’s counsel expressed satisfaction with the undertaking. Consequently, the Court held that no further cause of action remained and disposed of the contempt application.
Issues considered
- Whether the District Magistrate’s undertaking that no further construction will be made complies with the High Court’s earlier order
- Whether the contempt proceedings should continue in view of the compliance
Subjects
- contempt
- civil writ jurisdiction
- construction undertaking
- show cause notice
- High Court order compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3413 of 2025
In
Civil Writ Jurisdiction Case No.11487 of 2025
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Gajendra Narayan Ray Son of Late Sitaram Ray Resident of Ward No.- 02,
Sakarpura, Shankarpur, P.S.- Hasanpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri Dipak Kumar Singh the Additional Chief
Secretary Government of Bihar, Patna.
2. Shri Roshan Kushwaha, the District Magistrate-cum-Collector, Samastipur.
3. Shri Vishnu Dev Mandal, the District Panchayati Raj Officer, Samastipur.
4. Shri Sandip Kumar, The Sub - Divisional Officer, Rosera, Samastipur.
5. Shri Sandip Kumar, the In-charge Deputy Collector, Land Reforms, Rosera,
Samastipur.
6. Miss Honey Gupta, the Circle Officer, Hasanpur, Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sushant Praveer, Adv.
For the Opposite Party/s : Mr.Government Advocate- 8
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
5 17-04-2026 Heard learned counsel for the petitioner and learned
Senior Counsel for the State.
2. By previous order dated 18.03.2026 State was
directed to file a supplementary show cause in which the
District Magistrate, Samastipur was required to give the
undertaking that no further construction will be allowed to be
made over the plot no. 2058, Khata No. 651 situated in Thana
No. 159, Anchal-Hasanpur, Mauza-Sakarpura, District-
Samastipur.
3. Learned Senior Counsel appearing for opposite
Patna High Court MJC No.3413 of 2025(5) dt.17-04-2026
2/2
party-State submits that in compliance with the order dated
18.03.2026 the District Magistrate has filed a supplementary
show-cause and has given the undertaking as was desired by this
Court. He attracts the attention of this Court, particularly, to
paragraph-6 of the said supplementary show-cause, which state
as follows:
“6. It is humbly submitted that the
answering deponent is as in duty bound to
comply the order passed by this Court and
hence in light of the order dated 18.03.2026 the
deponent undertakes that no further
construction will be made over the Plot No.
2058, Khata No. 651 situated in Thana No. 159,
Circle-Hasanpur, Mauza- Sakarpura, District-
Samastipur. In this regard the order copy dated
18.03.2026 passed by the Hon'ble High Court,
Patna has been transmitted to the District
Panchayat Officer, Samastipur/Executive
Engineer, Local Area Engineering Organization,
Work Division-02, Rosera and the Circle
Officer, Hasanpur to comply vide memo
No.879/Legal, Dated 20.03.2026.”
4. Learned counsel for the petitioner is satisfied with
the undertaking given by the District Magistrate, Samastipur.
5. In view of the above, no further cause of action
survives to be pursued and hence this contempt application is
accordingly disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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