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Patna High Court

Rachana KumariversusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

The contempt petition is not maintainable and is disposed of.

Summary

Petitioner Rachana Kumari filed a Miscellaneous Jurisdiction contempt application seeking compliance of an order dated 28‑10‑2024 that directed her to approach the concerned authority within four weeks for redress of her grievance. The State showed that the Circle Officer had issued a measurement report and the Anchal Ameen had measured the disputed land (Khata No.102, Khesra No.803) and submitted the report, indicating that the petitioner’s grievance was already resolved. The Court examined the evidence and concluded that the grievance had indeed been redressed. Consequently, the Court held that the contempt petition was not maintainable. The petition was disposed of, with liberty to the petitioner to approach the appropriate forum if any further grievance remains.

Issues considered

  • Whether the contempt petition is maintainable when the grievance alleged by the petitioner has already been redressed.

Subjects

  • contempt
  • miscellaneous jurisdiction
  • land measurement
  • grievance redressal
  • compliance order
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.4566 of 2024
                                                      In
                               Civil Writ Jurisdiction Case No.16442 of 2024
                 ======================================================
                 Rachana Kumari W/o- Sujeet Kumar @ Sujeet Kumar Singh @ Sanjeet
                 Kumar Singh, R/o Vivek Vihar, P.S. Nagar (Samastipur) District- Samastipur.
                 At Permanent Address- W/o- Sujeet Kumar Singh @ Sanjeet Kumar Singh,
                 R/o Village- Kumhira, P.S.- Saraianjan, District- Samastipur.

                                                                             ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar, Govt. of Bihar, Patna namely- Sri Abhay Kumar Singh.
           2.    The District Magistrate, Samastipur namely- Sri Roshan Kushwaha.
           3.    The Superintendent of Police, Samastipur namely- Sri Ashok Mishra.
           4.    The S.D.O., Samastipur Sadar, Samastipur namely- Sri Dileep Kumar.
           5.    The Circle Officer, Samastipur Sadar, Samatipur namely- Smt. Sonali Karan.
           6.    The Municipal Commissioner, Samastipur Municipal                Corporation,
                 Samastipur, namely- Sri Kumar Devendra Projval.
           7.    The Officer-In-Charge, Town Police Station District- Samstipur namely- Mr.
                 Ashutosh Kumar.
           8.    Dr. Shambhu Gupta, W/o- Dr. R.N. Singh, R/o- Vivek Vihar, P.S.- Nagar
                 (Samastipur) District- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Krishna Murari, Advocate
                 For the Opposite Party/s :    Mr.Government Pleader 11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

3   09-01-2026                    Heard both sides.

                                2. The present M.J.C. application has been filed for

                   the compliance of the order dated 28.10.2024, whereby, after

                   hearing both the parties, it has been directed that the present writ

                   is disposed of with liberty to the petitioner to approach the

                   authority concerned for redressal of his grievance, which has

                   been thrust upon by the petitioner in the present writ petition,
Patna High Court MJC No.4566 of 2024(3) dt.09-01-2026
                                            2/3




          within a period of four weeks from the date of receipt of a copy

          of the order and concerned authority is directed to take

          appropriate action, expeditiously, as per law.

                       3. Learned counsel for the State has submitted in para-

          9 of his show cause that C.O., Samastipur vide Memo No .3281

          dated 21.12.2024 communicated the measurement report along

          with Nazari Naksha and Trace Map of Khata No. 102(O),

          Khesra No. 803 to the Municipal Commissioner, Samastipur and

          a photo copy of the memo is annexed and marked as Annexure-

          O.P/2 to the show cause and in para-11 it has been submitted

          that the C.O., Samastipur at once ordered the Anchal Ameen

          vide Letter No. 54 dated 08.01.2025 to measure the land in

          question bearing Khata No. 102(O), Khesra No. 803(O) Mauza

          Magardahi. The Anchal Ameen went to the spot on 10.01.2025

          and measured the entire Khesra with the help of available

          naksha and submitted the detailed report along with Trace Map

          and Nazari Naksha before the C.O., Samastipur and a photo

          copy of measurement report of complete Khesra No. 803 along

          with Trace Map and Nazari Naksha is annexed herewith and

          marked as Annexure-O.P/3 to the show cause and the learned

          counsel for the State has submitted that the grievance of the

          petitioner has already been redressed and, in the light of the
            Patna High Court MJC No.4566 of 2024(3) dt.09-01-2026
                                                        3/3




                      aforesaid      fact,   the     present        M.J.C.   application   is   not

                      maintainable.

                                   4. Considering the aforesaid facts and circumstances

                      of the case, I find that the grievance of the petitioner has already

                      been redressed.

                                   5. In the light of the aforesaid facts and circumstances

                      of the case and arguments advanced on behalf of the parties, the

                      present contempt petition is disposed of with liberty to the

                      petitioner that if he has still any grievance, he may represent his

                      grievance before the appropriate forum.


                                              (Alok Kumar Pandey, J)

K.C.Jha/-

U


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