Patna High Court

Ashok Bin and AnrversusThe State Of Bihar and Ors

Decided: 12 March 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

Since the respondents complied with the earlier order by removing the encroachment and handing over the land, there was no basis for contempt and the petition was disposed.

Summary

The petitioners, a group of residents of Kotwa Khas village, filed a contempt petition against the State of Bihar and several officials alleging willful disobedience of the High Court’s order dated 12‑Oct‑2017 in CWJC No.17273/2016, which directed removal of encroachment on their land. The petition sought initiation of contempt proceedings and appropriate punishment for the alleged defiance. The respondents filed a show‑cause notice, and the Court noted that an order dated 14‑Feb‑2020 confirmed that the encroachment had been removed and the land handed over to the petitioners. On the basis of this compliance, the Court found no ground to proceed with contempt. Consequently, the contempt petition was disposed of without any further order.

Issues considered

Whether the respondents’ actions constitute willful disobedience of the order dated 12‑Oct‑2017, warranting contempt proceedings.

Subjects

contempt of court
willful disobedience
land encroachment
civil writ jurisdiction
order compliance

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Miscellaneous Jurisdiction Case No.3554 of 2018
                                             In
                    Civil Writ Jurisdiction Case No.17273 of 2016
     ======================================================
1.    Ashok Bin and Anr Son of Sri Kisun Bin, Resident of Village- Kotwa Khas
      Tola Kolhari, P.S.- Kateya, District- Gopalganj.
2.   Ram Chabila Sah, Son of Late Ramai Sah, Resident of Village- Kotwa Khas,
     Tola- Kolhari, P.S.- Kateya, District- Gopalganj.

                                                              ... ... Petitioner/s
                                       Versus
1.   The State Of Bihar
2.   The District Magistrate, Gopalganj Mr. Animesh Kumar Prashar.
3.   The Sub Divisional Officer, Mirganj, Hathua, District- Gopalganj Mr. Anil
     Kumar Raman.
4.   The Circle Officer, Kateya Mr Afjal Hussain.
5.   The District Engineer District Board, Gopalganj, Gopichand Ram.
6.   The Assistant, Kateya Circle Office, District- Gopalganj Mr. Devendra
     Singh.
7.   The Karamchari Kaeya Circle Office, District- Gopalganj, Mr. Abhishek
     Tiwari. null null
8.   The Amin, Zila Parishad, District- Gopalganj- Dudhnath Yadav.
9.   The Officer Incharge Kateya Police Station, District- Gopalganj Mr. Gautam
     Kumar.
10. Sharma Kurmi, Son of Nathuni Kurmi,
11. Arjun Kurmi, Son of Nathuni Kurmi,
12. Ram Jee Chaudhary, Son of Late Somari Choudhary,
13. Inar Chaudhory, Son of Somari Choudhary,
14. Samayan Sah, Son of Ganhor Sah,
15. Jamure Sah, Son of Ganhor Sah,
16. Akhtar Mian, Son of Khalil Mian,
17. Ashgar Mian, Son of Khalil Mian,
18. Som Nayak Sah, Son of Late Ramawtar Sah,
19. Ayodhaya Sah, Son of Late Ramawtar Sah,
20. Paras Sah, Son of Late Ramawtar Sah,
21. Dilip Sah, Son of Late Ramawtar Sah,
22. Bindhyachhal Sah, Son of Lal Ji Sah,
23. Ramashray Sah, Son of Late Ganour Sah,
         Patna High Court MJC No.3554 of 2018(3) dt.12-03-2026
                                                     2/3




           24. Yamuna Sah, Son of Late Ganour Sah,
           25. Vakil Miyan, Son of Late Faujdar Mian,
           26. Raj Mangal Manjhi, Son of Gharmaran Manjhi,
           27. Uma Shankar Manjhi, Son of Gharmaran Manjhi,
           28. Subhash Sah, Son of Gharmaran Manjhi,
           29. Prabhunath Pandey, Son of Gharmaran Manjhi,
           30. Raj Kumar Gond, Son of Late Ramdhan Gond,
           31. Santosh Gond, Son of Late Ramdhan Gond,
           32. Ramdas Sah, Son of Late Ramdhan Gond, All are resident of Village- Kotwa
               Khas, P.S.- Kateya, District- Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjan Kumar Srivastava, Advocate
                 For the Opposite Party/s :        Mr.Md. Khurshid Alam - Aag 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                    Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiation of contempt proceeding

                                              against the contemnors/ opposite parties for

                                              their willful and deliberate disobedience of

                                              the order dated 12.10.2017 passed in CWJC

                                              No.17273/2016 passed and for adequately

                                              punishing them for such willful disobedience

                                              of the Hon'ble Court's order/direction..

                                 3. The show cause on behalf of the opposite party is

                   on record and order dated 14.02.2020 shows that the
         Patna High Court MJC No.3554 of 2018(3) dt.12-03-2026
                                                     3/3




                   encroachment was removed and the land was handed over to the

                   petitioners.

                                4. In that background, the contempt petition is

                   disposed of.




                                                  (Rajiv Roy, J)
Ravi/-

U

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