Patna High Court
Sumit Kumar,versusThe State of Bihar through Sri Brajesh Mehrotra
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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