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Patna High Court

Sumit Kumar,versusThe State of Bihar through Sri Brajesh Mehrotra

Decided
Disposal
DISPOSED

Holding

Since the mandated payment has been made, there is no contempt and the application is disposed.

Summary

The petitioner, Sumit Kumar, filed an application seeking contempt proceedings against the State of Bihar and officials of the National Highways Authority of India (NHAI) for allegedly willfully disobeying the Court's order dated 5-12-2022 in Miscellaneous Appeal No. 370 of 2018. The Court heard the matter on 9 January 2026 and examined the claim that the NHAI had not complied with the order. Counsel for the NHAI submitted that the required direction had been issued and that the payment mandated by the order had already been made, though the interest component of the payment was pending before the Execution Court. The Court noted the payment had been effected and, without commenting on the pendency of the interest issue, concluded that the basis for contempt was no longer present. Consequently, the Court disposed of the contempt application (MJC No. 408 of 2023). The order effectively dismissed the petitioner's contempt claim.

Issues considered

  • Whether the opposite parties are in contempt for willful disobedience of the order dated 5-12-2022 in MA No. 370 of 2018

Subjects

  • contempt of court
  • order compliance
  • payment
  • execution court
  • NHAI
  • land acquisition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.408 of 2023
                                                    In
                                   Miscellaneous Appeal No.370 of 2018
                 ======================================================
                 Sumit Kumar, Son of Late Rajeev Kumar Resident of Village Dariyapur Gola,
                 P.S.- Kadam Kuan, District- Patna.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Sri Brajesh Mehrotra the Additional Chief
                 Secretary, Revenue and Land Reforms Department, Bihar, Patna.
           2.    Sri Awadhesh Singh, the Regional Officer, N H A I, Shivmitra Apartment,
                 1st Floor, Vivekanand Marg, Boring Road, Patna- 800013.
           3.    Sri Amit Ranjan Chitranshi, Project Director (the Competent Authority on
                 behalf of N H A I), Project Implementation Unit, N H A I, Patna, Shivmitra
                 Apartment, 1st Floor, Vivekanand Marg, Boring Road, Patna- 800013.
           4.    Sri Ranjan Kumar Choudhary, the District Land Acquisition Officer, Hindi
                 Bhawan, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Lal Mani Sharma, Adv.
                 For the Opposite Party/s :     Mr. Md. Khurshid Alam (Aag 12)
                 ======================================================
                 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 the Opposite Parties

                   and to punish them for willful dis-obedience and non compliance

                   of the order dated 5-12-2022 passed in M. A. No. 370 of 2018 by

                   this Court.

                                 3. Mr. Kumar Goutam, learned counsel representing

                   ‘the NHAI’ has taken this Court to the show cause to show that

                   the direction/request has been made which followed the

                   payment.
           Patna High Court MJC No.408 of 2023(4) dt.09-01-2026
                                                       2/2




                                  4. So far as the interest part is concerned, it has been

                     informed by Mr. Kumar Goutam that the matter is presently

                     pending before the Execution Court.

                                  5. Without making any comment on the said pendency

                     of the case and taking into account the submission of ‘the

                     NHAI’ that the payment has been made.

                                  6. MJC No. 408 of 2023 is disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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