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Patna High Court

Kumari Nilmani SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the demarcation directions had been complied with and therefore no contempt of court existed.

Summary

Kumari Nilmani Sinha, headmaster of a makeshift middle school, filed a public interest writ seeking removal of a Pensioner Bhawan, a tube well and a pond that were allegedly constructed within the school campus. The writ was dismissed in 2018 on the ground that the school occupied village land and the structures were outside the premises and served other purposes. A review of that dismissal was also rejected in 2019, with the court directing the petitioner to seek a demarcation of the land if a dispute existed. Pursuant to that direction, the petitioner filed a contempt application alleging non‑compliance with the demarcation order. The respondents produced reports showing that the land had been measured, demarcated and reported as directed. The court held that the earlier directions had been fully complied with and therefore found no contempt. The contempt application was consequently disposed of.

Issues considered

  • Whether the construction of Pensioner Bhawan, tube well and pond on the school premises warrants their removal under the law.
  • Whether the respondents complied with the court’s direction to demarcate the land as ordered in the 2019 review observation.
  • Whether a contempt of court proceeding is maintainable for alleged non‑compliance with the demarcation order.

Subjects

  • public interest litigation
  • contempt of court
  • land demarcation
  • school premises
  • government construction
  • writ petition
  • review petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3437 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.4903 of 2018
                 ======================================================
                 Kumari Nilmani Sinha, D/O Late Brijnandan Prasad, at present Incharge
                 Headmaster of the Middle School Jalalpur, Noorsarai, District- Nalanda,
                 Bihar, Pin Code- 803113, Adhar No. 5306 6034 6423.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.    Mr. R.K Mahajan, Son of not Known to the petitioner The Principal
                 Secretary, Education Department, Government of Bihar, Patna.
           3.    Mr. Sanjeev Hans Son of not known to the petitioner The Principal
                 Secretary, Public Health and Engineering Department, Bihar, Patna.
           4.    Mr. Shashank Shubhankar son of not know to the petitioner The District
                 Magistrate, Nalanda District Nalanda at Bihar Sharif.
           5.    Mr. Ramashankar Singh Son of not known to the petitioner The Executive
                 Engineer, Public Health and Engineering Department, Nalanda at Bihar
                 Sharif.
           6.    Mr. Basrat Karim son of not known to the petitioner The Executive
                 Engineer, Rural Development Department, Nalanda at Bihar Sharif.
           7.    Mr. Raj Kumar Prasad Son of not known to the petitioner The District
                 Education Officer, Nalanda at Bihar Sharif.
           8.    Mr. Umshankar Singh Son of not known to the petitioner The District
                 Program Officer, Education Nalanda at Bihar Sharif.
           9.    Mr. Surendra Kumar Singh son of not known to the petitioner The Block
                 Education Officer, Noorsarai Nalanda Bihar.
           10. Mr. Mukul Pankaj Mani Son of Not Known to the petitioner the Information
                officer Collectariate Nalanda at Bihar Sharif.
                                                                 ... ... Opposite Party/s
               ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Rahul Kumar, Advocate
                 For the Opposite Party/s :    Mr. AAG-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

5   17-01-2026                  Heard learned counsel for the parties.

                                2. The petitioner had earlier preferred a writ
Patna High Court MJC No.3437 of 2024(5) dt.17-01-2026
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          application, being CWJC No. 4903 of 2018, seeking the

          following relief(s):-

                          “The present public interest petition has been filed for
                          issuing directions to remove a building named and
                          styled as Pensioner Bhawan which has been
                          constructed within the campus of Middle School,
                          Jalalpur, Noor Sarai, Nalanda as also for removing the
                          tube well in the campus of the school allegedly bored by
                          the Public Health and Engineering Department, Bihar
                          Sharif, Nalanda. A further grievance has been made in
                          the petition that a pond also has been dug in the play
                          ground attached to the school in question by the Rural
                          Development Department, Bihar Sharif, Nalanda.”


                       3. The said writ application was dismissed by order

          dated 17.09.2018 with the following observation:-

                          “6. In view of the Enquiry Report referred to above and
                          taking into account that the school in question is only a
                          make-shift school, over Gair Majarua Aam Land run by
                          the villagers, which has never been taken over by the
                          Government and that the Pensioner Bhawan as well as
                          the tube well having been found located away from the
                          school premises, there is no requirement of issuing any
                          further direction. That apart, the records reveal that the
                          Pensioner Bhawan, which has been built out of the
                          M.L.A. fund serves to be utilised as it is being used for
                          the benefit of retired persons.”


                       4. After dismissal of the said writ application, a

          review application, being Civil Review No. 491 of 2018, was

          preferred. The said review application was disposed of vide

          order dated 24.07.2019 with the following observation:-

                          “We are, therefore, not inclined to accept the plea that
                          there is an error apparent on the face of record so as to
                          entertain this review application, but we may observe
                          that in case, there is a dispute with regard to the identity
Patna High Court MJC No.3437 of 2024(5) dt.17-01-2026
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                          of the land, the dismissal of the writ petition or this
                          review application will not be an impediment in the
                          passage of the applicant to seek appropriate
                          demarcation with regard to the land in the event it is
                          claimed under the ownership of the school. It will be
                          open to the applicant to move an appropriate
                          application for demarcation of the land which shall be
                          considered and disposed of in accordance with law.”


                       5. In pursuance to and for compliance with the

          aforesaid observation made in the review application, the

          present contempt application has been preferred.

                       6. A supplementary show cause on behalf of O.P. No.

          8 has been filed, wherein at Paragraphs 6, 7, 8, 9 and 10 the

          following statements have been made:-

                          “6. That pursuant to order of this Hon’ble Court, the
                          District Education Officer, Nalanda vide letter No. 1410
                          dated 19.08.2019 directed the Circle Officer,
                          Noorsaraia, Nalanda to submit report after
                          demarcation of the land in question.
                          7. That the Circle Officer, Noorsaraia vide letter No.
                          1228 dated 24.08.2019 directed the Anchal Amine,
                          Revenue Karamchari and Secretary, Middle School,
                          Jalalpur for demarcation of land bearing Khata No.
                          190 and 191, Pot No. 899, Area 0.35 decimals and Plot
                          No. 889, Area 0.15 decimals and submit the report.
                          8. That it is stated that Anchal Amin, Noorsarai has
                          measured the land in question in presence of Secretary
                          of the School, villagers and Teachers of the School. The
                          Revenue Karmchari stated that the land bearing Plot
                          No. 899 is Malik Gairmazarua and Plot No. 888 is Aam
                          Gairmazarua land. After measurement the Anchal
                          Amine submitted the report alognwith Nazari Map on
                          03.09.2019.
                          9. That the Block Education Officer, Noorsarai has
                          submitted the report vide letter No. 296 dated
                          01.07.2024 before the District Programme Officer,
                          Secondary Education, Nalanda mentioning about the
                          demarcation of land in question. (Annexure B of the
          Patna High Court MJC No.3437 of 2024(5) dt.17-01-2026
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                                    Show Cause).
                                    10. That in view of observation/direction passed by this
                                    Hon'ble Court dated 24.07.2019 the demarcation of the
                                    said in question has been made and as such the order of
                                    this Hon'ble Court has been complied with.”

                                 7. In light of the statements, as referred above, and the

                    materials placed on record, we are of the considered view that

                    the directions issued by this Court have been duly complied

                    with and no further order is required to be passed in the present

                    contempt application.

                                 8. Accordingly, the present application stands

                    disposed of.

                                 9. Pending application(s), if any, shall also stand

                    disposed of.



                                                (Sudhir Singh, J)


                                                (Ritesh Kumar, J)
Sujit/-

U


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