Patna High Court
Pushpa DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that the pendency of the title suit precludes a finding of willful contempt and therefore dismissed the contempt application.
Summary
Petitioners Pushpa Devi and Chandra Bhushan Singh filed a contempt application alleging that Opposite Party No.8 willfully disobeyed the order dated 24‑06‑2022 in C.W.J.C. No.5862 of 2022, which directed the concerned authority to dispose of a land‑encroachment matter within four months and follow natural‑justice principles. The court examined the show‑cause statement that the encroachment proceeding (Case No.2/2023‑24) was stayed because a title suit (No.14/2024) concerning the same land was pending before the Sub Judge, Teghra. Since the title suit remained sub‑judice, the court held that there was no wilful or deliberate disobedience of the earlier order. Consequently, the contempt application was dismissed, with a direction that once the title suit is decided, the respondents must comply with the 2022 order. The court further allowed petitioners to file a fresh application if the respondents fail to act after the title suit’s resolution.
Issues considered
- Whether the opposite party’s failure to act on the 24‑06‑2022 order amounts to willful contempt of court
- Whether the pendency of a title suit bars a finding of contempt
Subjects
- contempt of court
- willful disobedience
- land encroachment
- pending suit
- natural justice
- digital proceedings
- pandemic
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3673 of 2025
In
Civil Writ Jurisdiction Case No.5862 of 2022
======================================================
1. Pushpa Devi Wife of Sri Amit Kumar Singh, resident of Village-Rudauli,
Ward No. 13, Post-Rudauli, P.S. and Anchal-Bachchwara, District-
Begusarai, PIN code-851111.
2. Chandra Bhushan Singh, son of Late Damodar Singh, resident of Village-
Rudauli, Ward No. 13, Post-Rudauli, P.S. and Anchal-Bachchwara, District-
Begusarai, PIN code-851111.
... ... Petitioner/s
Versus
1. The State of Bihar through Sri K. K. Pathak, the Principal Secretary,
Department of Revenue and Land Reforms, Govt. of Bihar, Patna.
2. Smt. J. Priyadarshni, The Director, Department of Revenue and Land
Reforms, Govt. of Bihar, Patna.
3. Sri Arvind Kumar Chaudhary, The Principal Secretary, Rural Development
Department, Govt. of Bihar, Patna.
4. Sri Ram Kumar Poddar, The Director, Rural Development Department,
Govt. of Bihar, Patna.
5. Sri Abnish Kumar Singh, The Commissioner, Munger Division, Munger.
6. Sri Tushar Singla, The District Magistrate, Begusarai.
7. Sri Rakesh Kumar, The Sub Divisional Officer, Teghra, Begusarai.
8. Sri Pritam Kumar Gautam, The Anchal Adhikari, Bachchwara Anchal,
District-Begusarai.
9. Sri Abhishek Raj, The Block Development Officer, Bachchwara Block,
District-Begusarai.
10. Dr. Shashi Bhushan Singh, son of Late Bhubneshwar Singh, resident of
Village-Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and
Anchal-Bachchwara, District-Begusarai, PIN Code-851111.
11. Sri Shailendra Prasad Singh, son of Late Shatrughan Prasad Singh, resident
of Village-Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and
Anchal-Bachchwara, District-Begusarai, PIN Code-851111.
12. Sri Satyendra Prasad Singh, son of Late Shatrughan Prasad singh, resident of
Village-Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and
Anchal-Bachchwara, District-Begusarai, PIN Code-851111.
13. Sri Jitendra Prasad Singh, son of Late Shatrughan Prasad Singh, resident of
Village-Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and
Anchal-Bachchwara, District-Begusarai, PIN Code-851111.
14. Sri Sanjeev Kumar Singh, son of Late Sharda Prasad Singh, resident of
Village-Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and
Anchal-Bachchwara, District-Begusarai, PIN Code-851111.
15. Sri Rajeev Kumar Singh, Son of Late Sharda Prasad Singh, resident of
Patna High Court MJC No.3673 of 2025(3) dt.19-02-2026
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Village-Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and
Anchal-Bachchwara, District-Begusarai, PIN Code-851111.
16. Sunita Devi, Daughter of Lte Sharda Prasad Singh, resident of Village-
Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and Anchal-
Bachchwara, District-Begusarai, PIN Code-851111.
17. Rita Devi, Daughter of Late Sharda Prasad Singh, resident of Village-
Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and Anchal-
Bachchwara, District-Begusarai, PIN Code-851111.
18. Abhilasha Devi, Daughter of Late Sharda Prasad Singh, resident of Village-
Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and Anchal-
Bachchwara, District-Begusarai, PIN Code-851111.
19. Sri Bibhuti Prasad Singh alias Bibhuti Narain Singh, son of Late Bachchu
Singh, resident of Village-Rudauli, Ward No. 13, Post-Rudauli, Via-
Bachchwara, P.S. and Anchal-Bachchwara, District-Begusarai, PIN Code-
851111.
20. Sri Kumar Achutanand Singh, son of Late Sri Narain Singh, resident of
Village-Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and
Anchal-Bachchwara, District-Begusarai, PIN Code-851111.
21. Sri Sachidanand Prasad Singh, son of Late Sri Narain Singh, resident of
Village-Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and
Anchal-Bachchwara, District-Begusarai, PIN Code-851111.
22. Sri Nalin Kumar Singh, son of Late Sri Narain Singh, resident of Village-
Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and Anchal-
Bachchwara, District-Begusarai, PIN Code-851111.
23. Sri Kumar Vivekanand Singh, son of Late Sri Narain Singh, resident of
Village-Rudauli, Ward No. 13, Post-Rudauli, Via-Bachchwara, P.S. and
Anchal-Bachchwara, District-Begusarai, PIN Code-851111.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mauli Chaurasia, Advocate
For the Opposite Party/s : Mr. Additional Advocate General 12
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
3 19-02-2026 The present contempt application has been filed for
the following relief:-
“That this application is directed for
initiation of a proceeding of Contempt of Courts
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against the Opposite Party No. 8 for his willful and
deliberate disobedience and non-compliance of the
order dated 24.06.2022 passed by the Division
Bench of this Hon’ble Court presided over by
Hon’ble Mr. Justice Sanjay Karol, the then Hon’ble
Chief Justice of this Hon’ble Court and Hon’ble
Mr. Justice S. Kumar as His Lordship then was in
C.W.C.J.C. No. 5862 of 2022 contained in
Annexure-P/1 of this Contempt Application.”
2. The present contempt application has been
preferred alleging non-compliance of the order dated
24.06.2022 passed in C.W.J.C. No. 5862 of 2022.
3. The writ Court, while disposing of the writ petition,
had observed and directed as follows:-
As such, petition stands disposed of in
the following terms:-
(a) Liberty reserved to the petitioner to
take recourse to such remedies as are otherwise
available in accordance with law;
(b) We are hopeful that as and when
petitioner takes recourse to such remedies, as are
otherwise available in law, before the appropriate
forum, the same shall be dealt with, in accordance
with law and with reasonable dispatch;
(c) The authority concerned shall
consider and dispose of the matter expeditiously by
a reasoned and speaking order preferably within a
period of four months from the date of approaching
the petitioner before the appropriate authority;
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(d) Needless to add, while considering
and deciding the matter, principles of natural
justice shall be followed and due opportunity of
hearing afforded to the parties;
(e) Liberty reserved to the petitioner to
approach the appropriate forum/Court, should the
need so arise subsequently on the same and
subsequent cause of action;
(f) We have not expressed any opinion on
merits. All issues are left open;
(g) The proceedings, during the time of
current Pandemic- Covid-19, shall be conducted
through digital mode, unless the parties otherwise
mutually agree to meet in person i.e. physical
mode.
The petition stands disposed of in the
aforesaid terms.
4. A show cause has been filed on behalf of the
opposite party Nos. 6 to 9, wherein following statements have
been made:-
7. That encroachment proceeding vide
Case No. 2/2023-24 was initiated by the Circle
Officer Bachhawara and called for report from the
Revenue Karamchari & the Circle Inspector and on
the basis of report notice was issued to the
encroacher.
8. That the Circle Officer Bachhawara
received copy of plaint along with Summon of the
Title Suit No. 14/2024 (Vibhuti Narayan Singh vs
State of Bihar). One of the encroacher Shashi
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Bhushan Prasad Singh filed an application before
the Circle Officer Bachhawara intimated that he
has filed appeal before the Collector Begusarai
against the order of the Circle Officer Bachhwara.
He also stated that Jamabandi No. 255 with respect
to land of Khesra No. 1357 under Khata No. 458 in
Mauza-Rudauli is standing in the name of Shashi
Bhushan Prasad Singh & Vibhuti Narayan Singh.
9. Considering the proceeding with
respect to land in question is sub- judice before the
Sub Judge Teghra and as such Circle Officer
Bachhawara stayed the encroachment proceeding
till the judgment of the Trial Court vide Order
dated 29-07- 2024.
5. Upon perusal of the materials on record, it appears
that Encroachment Case No. 2/2023-24 could not proceed on
account of pendency of Title Suit No. 14 of 2024 with respect to
the same land. In such circumstances, it cannot be said that there
is wilful or deliberate disobedience of the order passed in
C.W.J.C. No. 5862 of 2022. However, it is made clear that once
the title suit in question is decided, the respondents/opposite
parties shall be under obligation to proceed in accordance with
law and carry out the observations and directions made in the
order dated 24.06.2022 passed in C.W.J.C. No. 5862 of 2022.
6. With the aforesaid observation, the present
contempt application stands disposed of.
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7. In case the opposite parties fail to discharge their
duties in light of the observations made by the writ Court, the
petitioners shall be at liberty to file a fresh application before
this Court.
8. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
(Rajesh Kumar Verma, J)
Anushka/-
U
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