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Patna High Court

Bashuki Nandan PoddarversusThe State of Bihar through the Chief Secretary, Government of Bihar

Decided
Disposal
DISPOSED

Holding

No contempt is made out; the application is dismissed.

Summary

Bashuki Nandan Poddar filed an application seeking contempt proceedings against several state officials, alleging they willfully violated an order of this Court dated 16 May 2024 in CWJC No. 2250 of 2024. The respondents produced an annexure showing that the District Magistrate had already ruled on 3 August 2024 that the dispute concerned land and should be adjudicated under the Bihar Land Development Regulation (BLDR) Act. The Court examined whether the respondents’ actions amounted to contempt of its earlier order. Finding that the matter was already sub‑jugated to the BLDR Act and that no willful disobedience was demonstrated, the Court held that no contempt was made out. Consequently, the application was dismissed and the petition disposed.

Issues considered

  • Whether the respondents’ conduct constitutes contempt of the Court’s order dated 16‑05‑2024.
  • Whether the District Magistrate’s order under the BLDR Act bars contempt proceedings.

Legislation cited

  • Bihar Land Development (Regulation) Act

Subjects

  • contempt of court
  • civil writ jurisdiction
  • land dispute
  • jurisdiction
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.3761 of 2024
                                                     In
                               Civil Writ Jurisdiction Case No.2250 of 2024
                 ======================================================
                 Bashuki Nandan Poddar Son of Ramawatar Poddar Resident of village-
                 Shakarpura, Ward No.- 19, P.S.- Bakhri, District- Begusarai.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar Patna
                 namely Sri Amrit Lal Mina.
           2.    The Divisional Commissioner, Munger Division, namely Sri Sanjay Kumar
                 Singh.
           3.    The District Magistrate, Begusarai namely Sri Tushar Singla.
           4.    The Deputy Development Commissioner, Begusarai namely Sri Somesh
                 Bahadur Mathur.
           5.    The Sub-Divisional Officer, Bakhri -Sub- division namely Sri Sunny Kumar
                 Saurav.
           6.    The Circle Officer, Bakhri Circle, Sub-Division Bakhri, District- Begusarai
                 namely Sri Rakesh Kumar Choudhary.
           7.    The Executive Officer, Bakhri Nagar Parishad, Bakhri namely Prafulla
                 Kumar Yadav.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Nakul Kumar Jamuar, Adv.
                 For the Opposite Party/s :     Mr. Vishwambhar Prasad, AC to AAG-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   09-01-2026                    Heard the parties.

                                2. The present application has been preferred:

                                  for     initiation of a contempt proceeding against

                   contemnors/ opposite parties for willful violating the order of this

                   Hon’ble Court passed in CWJC No. 2250 of 2024 dated

                   16.05.2024 by this Court.

                                3. Mr. Vishwambhar Prasad has taken this Court to
           Patna High Court MJC No.3761 of 2024(4) dt.09-01-2026
                                                       2/2




                     Annexure-P/2 to show that an order has already been passed by

                     the District Magistrate, Begusarai on 03.08.2024 holding that

                     the matter relates to land dispute which can be adjudicated

                     under the BLDR Act.

                                  4. Granting petitioner to take appropriate steps in the

                     matter, no contempt is made out, MJC No. 3761 of 2024 stands

                     disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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