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Patna High Court

Prahlad MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the order dated 04‑02‑2019 had been complied with, and therefore the contempt application was dismissed.

Summary

Petitioner Prahlad Mahto filed a contempt application alleging that the State of Bihar and its officials had failed to comply with the High Court's order dated 04‑02‑2019 in CWJC No. 1889 of 2019, which required him to make a fresh representation before the Collector and the Collector to decide the matter within four months. The Collector filed a show‑cause response stating that the encroachment on the disputed land had been removed on 01‑09‑2021, in the presence of the petitioner’s son, thereby satisfying the earlier order. The Court examined the show‑cause statement and concluded that the directions of the 04‑02‑2019 order had indeed been fulfilled. Consequently, the contempt application was dismissed as there was no breach of the Court’s mandate. The Court, however, clarified that the petitioner remains free to challenge the Collector’s order dated 28‑06‑2019 through the appropriate legal remedies. The matter was therefore disposed of without any further direction.

Issues considered

  • Whether the respondents failed to comply with the High Court's order dated 04‑02‑2019, thereby constituting contempt of court
  • Whether the removal of encroachment on 01‑09‑2021 satisfies the compliance required by the Court

Subjects

  • contempt of court
  • order compliance
  • civil writ jurisdiction
  • land encroachment
  • High Court
  • remedial relief

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.373 of 2020
                                                       In
                                Civil Writ Jurisdiction Case No.1889 of 2019
                 ======================================================
                 Prahlad Mahto Son of Mahabir Mahto, Resident of Mohaddipur Ward No. 3,
                 Post Office/ Police Station- Majhaulia,District- West Champaran

                                                                          ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through Vivek Kumar Singh the Principal Secretary
                 Department of Revenue and Land Reform, Government of Bihar, Patna.
           2.    Dr. Nitesh Ramchandra Deora, the Collector, West Champaran at Bettiah.
           3.    Ravindra Nath Singh the Deputy Development Commissioner Cum-Chief
                 Executive Officer, Zila Parisad West Champaran at Bettiah.
           4.    Vidyanath Paswan The Sub Divisional Officer, West Champaran at Bettiah.
           5.    Md. Jauwad Alam the Adhikari, Anchal Majhaulia, District-West
                 Champaran.
           6.    Mahadevo Paswan Son of Late Muneshwar Paswan Resident of Village-
                 Mohaddipur, Ward no. 5, Post Office/Police Station-Majhaulia, District-
                 West Champaran.
           7.    Girija Devi Wife of Mahadeo Paswan Resident of Village-Mohaddipur,
                 Ward no. 5, Post Office/Police Station-Majhaulia, District-West Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Shiv Kumar Dwivedy, Advocate
                 For the Opposite Party/s :   Mr. Rishi Raj Sinha, SC-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

3   25-02-2026                 The present contempt application has been filed

                    alleging non-compliance of the order dated 04.02.2019 passed

                    in CWJC No. 1889 of 2019, which was disposed of with

                    following observations:

                                                   “Considering the relief sought for in
                                                  the present writ application, the
                                                  petitioner is directed to file a fresh
                                                  representation before the Respondent
                                                  No.2     i.e.  The Collector,     West
                                                  Champaran at Bettiah within a period of
Patna High Court MJC No.373 of 2020(3) dt.25-02-2026
                                            2/3




                                              one month from today. The Respondent
                                              No.2     i.e.  The Collector,        West
                                              Champaran at Bettiah shall consider the
                                              case/representation of the petitioner and
                                              pass an appropriate order, after giving
                                              opportunity to all the concerned parties,
                                              in accordance with law within a period
                                              of four months from the date of filing of
                                              such representation.
                                               With the aforesaid observation and
                                              direction, the present writ application
                                              stands disposed of.”



                          2. A show cause has been filed on behalf of the

           opposite party no. 2, wherein following statements have been

           made in para no.8:

                                                                                        “
                                                  8. That in compliance of order dated
                                                  04.02.2019 passed by this Hon ble
                                                  Court in CWJC No. 1889 of 2019 and
                                                  order dated 28.06.2019 passed by
                                                  opposite party No. 2 The Collector of
                                                  West Champaran, Bettiah District in
                                                  case No. R.M. 56 of 2018-19, the
                                                  encroachment has been removed by
                                                  the opposite first party authority from
                                                  the land in question on dated
                                                  01.09.2021 in presence of Ravi
                                                  Bhushan Kumar son of the petitioner
                                                  and son of the petitioner has satisfied
                                                  and gave in writing that the
                                                  encroachment has been removed.”



                          3. In view of the statements made in the show

           cause, it transpires that the order dated 04.02.2019 passed in

           CWJC No. 1889 of 2019 has been complied with and the

           encroachment has already been removed.
           Patna High Court MJC No.373 of 2020(3) dt.25-02-2026
                                                       3/3




                                     4. Accordingly, the present contempt application

                      stands disposed of.

                                     5. It is, however, made clear that if the petitioner

                      is aggrieved by the order dated 28.06.2019 passed by the

                      Collector or the action taken pursuant thereto, he shall be at

                      liberty to avail the remedy available to him in accordance with

                      law.



                                                  (Sudhir Singh, J)
Rajesh/-

U


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