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Patna High Court

Punyadev RaiversusThe State of Bihar through Sri Mihir Kumar Singh, the Additional Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The contempt application is dismissed as it is frivolous and intended to pressure the court.

Summary

Petitioner Punyadev Rai filed a contempt application challenging the construction of a Panchayat building on land he claims belongs to his family. The High Court had earlier, on 12‑12‑2024, ordered a status‑quo to maintain the situation pending the writ case. Respondents contended that no construction had proceeded after that order. The Court held that the contempt petition was filed to exert undue pressure and to garner sympathy, and therefore was frivolous. Consequently, the contempt application was dismissed, and the Court directed the petitioner to approach the appropriate forum for any fresh grievance.

Issues considered

  • Whether the filing of the contempt application by the petitioner constitutes contempt of court after the status‑quo order.
  • Whether any construction of the Panchayat building has taken place contrary to the court's order.

Subjects

  • contempt of court
  • status quo
  • civil writ jurisdiction
  • land dispute
  • Panchayati Raj
  • construction
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.352 of 2025
                                                     In
                              Civil Writ Jurisdiction Case No.18891 of 2024
                 ======================================================
                 Punyadev Rai son of Prabhu Rai, resident of Saphi, P.O.- Chhapiya, P.S.-
                 Mashrakh, District-Saran at Chapra-841417.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through Sri Mihir Kumar Singh, the Additional Chief
                 Secretary, Department of Panchayati Raj, Government of Bihar, Patna.
           2.    Sri Anand Sharma, The Director, Directorate of Panchayati Raj. Department
                 of Panchayati Raj. Government of Bihar, Patna.
           3.    Sri Aman Sameer, The Collector -cum-District Magistrate, Saran at Chapra.
           4.    Sri Yatendra Kumar Pal, The Deputy Development Commissioner, Saran at
                 Chapra.
           5.    Sri Narendra Kumar Singh, The Panchayati Raj Officer, Saran at Chapra.
           6.    Dr. Prerna Singh, The Sub-Divisional Officer, Marhaura, Saran.
           7.    Sri Bimal Kumar, The Chief Engineer, Department of Planning and
                 Development, Government of Bihar, Patna.
           8.    Sri Praveen Kumar, The Executive Engineer, Department of Planning and
                 Development, Saran at Chapra.
           9.    Sri Sumant Kumar, The Circle Officer, Mashrakh, Saran.
           10. Sri Pankaj Kumar, The Block Development Officer, Mashrakh, Saran.
           11. Akanksha, The Block Panchayat Raj Officer, Mashrakh, Saran.
           12. Sri Purushottam kumar, The Junior Engineer, Mashrakh, Saran.
           13. Sri Anil Thakur, The Mukhiya, Gram Panchayati Raj, Arna, Mashrakh,
               Saran.
           14. Sri Rabindra Nath Rai, The Panchayat Secretary, Arna, Mashrakh, Saran.
           15. Sri Ajay Kumar, The Station House Officer, Mashrakh P.S., District- Saran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Jeetendra Narayan, Advocate
                 For the Opposite Party/s :   Mr. Standing Counsel 18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

3   18-03-2026                     The present M.J.C. application arises out of

                   C.W.J.C. No. 18891 of 2024 where following reliefs have been
Patna High Court MJC No.352 of 2025(3) dt.18-03-2026
                                            2/3




          sought by the petitioner:

                                          “For issuance of appropriate writ(s),
                          order(s), direction (s), to the respondent authorities
                          to not built / construct the Panchayat Sarkar
                          Bhawan for Gram Panchayat Raj, Arna under the
                          Mashrakh Block/ Circle in the District of Saran
                          upon Plot No. 1561 under Khata No. 181 in
                          Revenue Thana No. 12 and its revenue village-
                          Chhapiya which has been reported by concern
                          Circle Office and respondent no. 9 & 11 which
                          area is as 180 x 120 feet in view of Gairmazarua
                          Malikan Land ignoring the running Jamabandi No.
                          220 in the name of Grandfather of the petitioner
                          namely       Sripal     Rawat   without   consent   or
                          acquisition of the petitioner and his agnate and
                          also over looked the settlement made by the Ex-
                          intermediary namely Babu Ayodhya Prasad Singh
                          in the year of 1935 (12 day of Kartik Mah in the
                          Fasli Year of 1355) and after vesting of Jamindari
                          who has filed a return in favour of settle thereafter
                          Revenue Receipts have also been issued up-to-
                          dated. And also for issuance of any other writ(s),
                          order(s), direction(s) to which the petitioner which
                          may deem just proper and necessary in view of the
                          facts and circumstances discussed hereinunder.”.


                          2. Learned counsel for the petitioner submitted that

          vide order dated 12.12.2024 this Court had ordered that status

          quo as on today be maintained till further of this Court.
            Patna High Court MJC No.352 of 2025(3) dt.18-03-2026
                                                        3/3




                                      3. Learned counsel on behalf of the State has

                      submitted through para-9 of the show cause filed on behalf of

                      O.P. Nos. 3 and 9 that no construction has been made after the

                      order dated 12.12. 2024 passed by this Court in C.W.J.C. No.

                      18891 of 2024.

                                      4. In this way, present M.J.C. application is liable to

                      be dismissed in light of the fact that M.J.C. has been filed by

                      the petitioner with intention to put undue pressure on the

                      opposite parties and also to get undue sympathy from the Court.

                                      5. Considering all the aspects of the case, the

                      contempt is between contemnor and the Court and considering

                      para-9 of the show cause which has been submitted on behalf of

                      O.P. Nos. 3 and 9, the present contempt application stands

                      disposed of.

                                      6. If the petitioner has any fresh grievance, he may

                      raise his grievance before an appropriate forum.



                                              (Alok Kumar Pandey, J)

K.C.Jha/-

U


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