Created by Fuzzy Cloud

Patna High Court

Akhilesh KumarversusThe State of Bihar through Mihir Kumar Singh, the Additional Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The petition is disposed of without ordering contempt proceedings, directing the petitioner to seek compensation and approach the appropriate authority for any remaining grievance.

Summary

Petitioner Akhilesh Kumar filed a petition seeking contempt proceedings against several officials of the Bihar Government for allegedly wilfully disobeying a High Court order dated 22‑03‑2024, which directed him to file a representation before the District Land Acquisition Officer (DLAO) within four weeks and required the DLAO to complete the enquiry within six months. The opposite parties filed a supplementary show‑cause notice claiming that a process had been initiated but the petitioner had not given consent. The Court held that the petitioner should first approach the appropriate authority to obtain the compensation amount by producing the necessary documents, and if any grievance remains, he may approach the appropriate authority or court for redress. Consequently, the Court disposed of the petition without ordering contempt proceedings, directing the opposite parties to expedite the matter if the petitioner proceeds with his claim.

Issues considered

  • Whether the opposite parties are in contempt of the specific High Court order dated 22‑03‑2024.
  • Whether the petitioner is entitled to any relief beyond directing him to seek compensation and approach the appropriate authority for any further grievance.

Subjects

  • contempt of court
  • land acquisition
  • compensation
  • civil writ jurisdiction
  • non‑compliance
  • petition disposal
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.3959 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.1902 of 2022
                 ======================================================
                 Akhilesh Kumar Son of Shri Bakhori Siddhanath Prasad, Resident of Village
                 and P.O. Karu Bigaha, Block and Subdivision - Neemchak Bathani, District -
                 Gaya, Presently residing at Mohalla - Gandhi Nagar, Ram Chandrapur, P.O
                 Bihar Sharif, District - Nalanda.

                                                                                  ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Mihir Kumar Singh, the Additional Chief
                 Secretary, Road Construction Department, Govt. of Bihar, Patna, Bihar.
           2.    Dipak Kumar Singh, the Additional Chief Secretary, Revenue and Land
                 Reforms Department, Govt. of Bihar, Patna, Bihar.
           3.    Dr. Thiyagarajan S.M., the Collector, Gaya District.
           4.    District Land Acquisition Officer, Gaya District.
           5.    Ajay Kumar Azad, Executive Engineer, Road Construction Department,
                 Delha, Tekari Road, Jagdev Nagar, Kharkhura, District Gaya, Bihar.
           6.    Roop Narayan Sharma, S.D.O. - cum - Assistant Engineer, Road
                 Construction Department, Delha, Tekari Road, Jagdev Nagar, Kharkhura,
                 District - Gaya, Bihar.
           7.    Ram Pravesh Paswan, Junior Engineer, Road Construction Department,
                 Delha, Tekari Road, Jagdev Nagar, Kharkhura, District Gaya, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Purnendu Keshav, Advocate
                 For the Opposite Party/s :        Mr.Standing Counsel- 25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

5   30-01-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief/s:

                                              (i) for initiating contempt proceedings

                                              against the members of the opposite party

                                              for wilfully disobeying the specific order
Patna High Court MJC No.3959 of 2024(5) dt.30-01-2026
                                            2/3




                                  dated 22.03.2024 passed by this Court in

                                  C.W.J.C. No. 1902 of 2022, whereby, this

                                  Hon'ble court has been pleased to direct the

                                  petitioner       to   file   a   comprehensive

                                  representation before the District Land

                                  Acquisition Officer, Gaya District within a

                                  period of four weeks from the date of the

                                  aforesaid order dated 22.03.2024. Further,

                                  the District Land Acquisition Officer, Gaya

                                  was also categorically directed to take up

                                  the matter and conclude the enquiry and

                                  pass an appropriate order in accordance

                                  with law within a period of six months

                                  thereafter which the concerned authority has

                                  failed to comply.

                       3. A second supplementary show cause has come on

          behalf of opposite party nos. 05 and 06 duly signed by the

          Executive Engineer, Road Construction Department, Division-

          01, Gayaji and the learned State counsel has taken this Court to

          paragraphs 13 and 14 to submit that though process has been

          taken, the petitioner has not given consent.

                       4. This Court is of the opinion that the petitioner
         Patna High Court MJC No.3959 of 2024(5) dt.30-01-2026
                                                     3/3




                   should approach and get the compensation amount after

                   showing the documents and if there still any grievance

                   remained,       can      very     well        approach   the   appropriate

                   authority/Court for the redressal of the grievance.

                                5. With the aforesaid observation, the MJC No. 3959

                   of 2024 is disposed of.

                                6. Needless to add, the opposite party shall be

                   expediting the matter, if the petitioner approaches.




                                                   (Rajiv Roy, J)
Ravi/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.