Patna High Court
Hira PrasadversusThe State of Bihar through the Principal Secretary, Sri K.K. Pathak
- Decided
- Disposal
- DISPOSED
- Bench
- R P MISHRA
Holding
The High Court held that the respondents complied with the order by directing the petitioner to pursue the ownership dispute before the competent civil court, and thus the contempt application was dismissed.
Summary
The petitioner, an elderly landowner, filed a contempt application alleging that the State officials failed to comply with a July 25, 2024 order directing them to enforce a prior land‑revenue order within six weeks. The court examined the show‑cause submissions, noting that the Deputy Collector had issued a letter on August 13, 2024 and the Circle Officer reported that the dispute was pending before the civil court, advising the petitioner to seek redress there. The respondents argued that the order was complied with by referring the matter to the appropriate civil proceedings. The bench held that the respondents had indeed acted in accordance with the court’s direction by forwarding the matter to the civil court and therefore the contempt petition could not stand. Consequently, the contempt application was disposed of without any further proceedings.
Issues considered
- Whether the respondents’ referral of the land‑ownership dispute to the civil court constitutes compliance with the High Court’s July 25, 2024 order.
- Whether the petitioner is entitled to initiation of contempt proceedings for alleged non‑compliance.
Subjects
- contempt of court
- order compliance
- land revenue
- civil writ jurisdiction
- ownership dispute
- peaceful possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.4489 of 2024
In
Civil Writ Jurisdiction Case No.10910 of 2024
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Hira Prasad S/o- Late Gharbharan Kumhar R/o village- Sohrai, P.O.- Tali,
P.S.- Guthani, District - Siwan.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Sri K.K. Pathak Land
Revenue and Reforms Department, Govt. of Bihar Patna.
2. Mr. Mukul Kumar Gupta, The District Magistrate, Siwan.
3. Shri Shahbaz Khan, The Deputy Collector, Land Reforms (DCLR) Siwan.
4. Sri Rahul Kumar, The Circle Officer, Anchal Mairwa, Siwan.
5. Sri Rakesh Kumar, The S.H.O., Mairwa, Siwan.
6. Omkar Tiwari, S/o Late Umesh Tiwari R/o Village- Langarpura, P.S.-
Mairwa, District- Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Sita Ram Yadav, G.P 16
Mr. Yatindra Narayan, AC to G.P.16
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 10-04-2026 Heard the parties.
2. The present application has been filed for
issuance of following relief/s:
“1. That the present application
is being filed for initiation of contempt
proceeding against the opposite parties
contemnors for will ful and deliberate
violation and disobedience of the
Patna High Court MJC No.4489 of 2024(4) dt.10-04-2026
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order/direction dated 25.07.2024 passed in
C.W.J.C. No. 10910 of 2024 by the Hon’ble
Mr. Justice Rudra Prakash Mishra wherein
and whereby his Lordships was pleased to
direct respondent No.3 to dispose of with a
direction that if the petitioner files a fresh
application for compliance of the aforesaid
order dated 11.03.2022 passed in LDR Case
No. 04 of 2021-2022 within a period of six
weeks after hearing all the parties including
the along with a fresh application.”
3. Learned counsel for the petitioner submitted that
despite a clear direction passed by the Bench on 25.07.2024 in
CWJC No. 10910/2024, the respondents have willfully and
deliberately failed to comply with the same, rendering their
conduct contumacious in nature. It is submitted that earlier, in
LDR Case No. 4/2021–22, the competent authority had already
passed an order in favour of the petitioner, and this Court had
further directed the concerned authorities to ensure its
implementation within a stipulated period of six weeks;
however, no effective action has been taken till date. The
petitioner asserts that even after submitting a representation
Patna High Court MJC No.4489 of 2024(4) dt.10-04-2026
3/4
dated 06.08.2024 along with the copy of the Court’s order, the
respondent authorities remained inactive. It is further contended
that the petitioner, being a bona fide purchaser of the land in
question, is being unlawfully obstructed in peaceful possession
by respondent no. 6, who is creating nuisance and hindrance
with mala fide intent. The petitioner alleges that the concerned
officials, including the revenue and police authorities, have
failed in their duty to enforce the lawful order and ensure
peaceful possession, despite being jointly responsible for
compliance as per settled legal position. Due to such prolonged
inaction extending over more than two years, the petitioner, an
aged person of about 85 years, has suffered mental harassment
and irreparable loss. Hence, the petitioner has approached this
Hon’ble Court seeking initiation of contempt proceedings
against the respondents for willful disobedience of the Court’s
order and for issuance of appropriate directions for immediate
compliance.
4. Two show causes have been filed on behalf of
the State. Referring to the statements made in paragraph Nos. 10
and 11 of the 2nd Show Cause filed on behalf of opposite party
No. 3, it has been submitted by learned counsel for the State that
in compliance of order dated 25.07.2024 passed in C.W.J.C. No.
Patna High Court MJC No.4489 of 2024(4) dt.10-04-2026
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10910 of 2024, the DCLR issued a letter No. 1210 dated
13.08.2024 to the Circle Officer, Mairwa. The Circle Officer,
Mairwa in compliance of the said letter has reported to the
DCLR, Siwan that the dispute is with regard to ownership and
two cases viz. Probate Case No. 67 of 2017 and Title Suit No.
1881 of 2015 are pending before Civil Court, Siwan and as such
it was directed the applicant may pursue before the competent
court for redressal of ownership dispute and reported the same
to the DCLR, Siwan vide letter No. 73 dated 13.01.2026. Thus,
the order of the Hon’ble Court has been complied with.
5. Considering the above, since the order passed by
this Court has already been complied by the Opposite Parties,
the present contempt application stands disposed of.
(Rudra Prakash Mishra, J)
manish/-
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