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Patna High Court

Ram Sakal Bind @ Ram Sakal PrasadversusThe State of Bihar through the Principal Secretary Land Reforms Department

Decided
Disposal
DISPOSED

Holding

No contempt is made out; the petitioner must pursue the pending appeal before the Deputy Collector of Land Reforms.

Summary

Petitioner Ram Sakal Bind filed a contempt petition against Respondent No.5 (Additional Collector, Aurangabad) alleging wilful disobedience of a May 6, 2025 order of this Court directing mutation of land in favour of Respondent No.7. The earlier writ petition (C.W.J.C. No. 17083/2017) had been disposed after the mutation was completed on June 15, 2022, and the Court had permitted the petitioner to file an appeal. The contempt petition claimed that the respondents had acted violently against the order, but the petition also disclosed that the petitioner had already filed a Mutation Appeal (Case No. 127 of 2025‑26) and notices were issued by the Deputy Collector. The Court examined whether a contempt had occurred and held that no contempt was made out, directing the petitioner to pursue the pending appeal before the Deputy Collector of Land Reforms. Consequently, the contempt petition was dismissed.

Issues considered

  • Whether Respondent No.5 committed contempt of the High Court by allegedly disobeying the order dated 6 May 2025.
  • Whether a contempt petition is maintainable when the petitioner has a pending appeal against the same order.

Subjects

  • contempt of court
  • mutation of land
  • land reforms
  • appeal
  • civil writ jurisdiction
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.3553 of 2025
                                                      In
                                Civil Writ Jurisdiction Case No.17083 of 2017
                 ======================================================
                 Ram Sakal Bind @ Ram Sakal Prasad Son of Late Bishundeo Bind resident
                 of village Jhiktiya Ps Bandeya (Goh) Po. Rukundi Anchal Goh District -
                 Aurangabad (Bihar).

                                                                      ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary Land Reforms
                 Department Govt. of Bihar Patna namely Deepak Kumar.
           2.    The Commissioner Magadh Pramandal Gaya Bihar namely Sri Dr. Shafina
                 A.N.
           3.    The District Magistrate Aurangabad Bihar namely Sri Srikant Sharthi..
           4.    The Additional Collector Aurangabad Bihar namely Sri Upendra Pandit.
           5.    The D.C. L R Daudnagar, Aurangabad Bihar namely Sri Pranav Kumar.
           6.    The C.O. Goh Aurangabad Bihar namely Sri Sanjay Kumar.
           7.    Smt. Chinta Devi wife of Jayprakash Bind resident of village Jhiktiya Po.
                 Rukandi Ps. Bandeya (Goh) Anchal Goh Anumandal Daudnagar, District
                 Aurangabad (Bihar).

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Kedar Yadav, Adv.
                 For the Opposite Party/s :    Mr. Standing Counsel 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   25-02-2026                    Heard the parties.

                                2. The present application has been preferred to

                   initiate a contempt proceeding against Respondent No. 5 for the

                   wilful disobedience violation of the order dated 6.5.2025 passed

                   by this Court in C.W.J.C. No 17083/2017 to punish him and to

                   comply the order of this Hon'ble Court immediately.

                                3. In CWJC No. 17083 of 2017 (Ram Sakal Bind Vs.

                   State & Ors.), on 06.05.2025, the writ petition was disposed of
           Patna High Court MJC No.3553 of 2025(4) dt.25-02-2026
                                                       2/2




                     as it was informed that the mutation of the land has been

                     completed by the Circle Officer, Goh, Aurangabad in favour of

                     respondent no. 7 on 15.06.2022. Accordingly, the Court

                     recorded that the petitioner could prefer appeal.

                                  4. Now, the contempt petition has been filed

                     submitting violence against the order. A show cause has come

                     on behalf of the opposite party no. 3 to 6 and duly filed by the

                     Circle Officer, Goh, Aurangabad and it records that against the

                     said order of the Circle Officer, Goh, a Mutation Appeal Case

                     No. 127 of 2025-26 has been filed by the petitioner in which the

                     notices have been issued by the learned Deputy Collector Land

                     Reforms, Daudnagar on 19.11.2025.

                                  5. In that background, the Court is of the opinion that

                     no contempt is made out. Petitioner should pursue the appeal

                     before the DCLR, Daudnagar, Aurangabad.

                                  6. MJC No. 3553 of 2025 is disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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