Patna High Court
Rachana KumariversusThe State of Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
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
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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
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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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