Patna High Court
Prahlad MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUDHIR SINGH
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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