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Patna High Court

Hasibur RahmanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition for contempt was dismissed as non‑maintainable in view of the 13‑April‑2022 order.

Summary

The petitioners, Hasibur Rahman, Ram Sah and Kamaldeo Mandal, filed a petition seeking contempt proceedings against the State of Bihar and several officials, alleging willful violation of an order dated 20‑01‑2020 passed in CWJC No.1029 of 2020. The opposite parties filed a supplementary show‑cause, and the State counsel relied on a later order dated 13‑04‑2022 wherein the District Land Acquisition Officer held the petition to be not maintainable. After hearing the parties, the Patna High Court granted the opposite parties liberty to agitate the matter but ultimately disposed of the contempt petition. The Court held that, in view of the 13‑April‑2022 order, the petition was not maintainable. Consequently, the petition for contempt was dismissed.

Issues considered

  • Whether the opposite parties willfully violated the order dated 20‑01‑2020 in CWJC No.1029 of 2020.
  • Whether the contempt petition filed by the petitioners is maintainable.
  • Whether the order dated 13‑04‑2022 rejecting the petition as not maintainable bars the contempt proceeding.

Subjects

  • contempt
  • civil writ jurisdiction
  • maintainability
  • land acquisition
  • order compliance
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Miscellaneous Jurisdiction Case No.542 of 2021
                                                       In
                                 Civil Writ Jurisdiction Case No.1029 of 2020
                 ======================================================
           1.     Hasibur Rahman Son of Md. Muslim, resident of Village- Islampur, P.s.
                  Jhaua, District- Katihar.
           2.    Shri Ram Sah, Son of Shyamnandan Sah, resident of Village-Kachora, P.S.
                 Kadwa, District-Katihar.
           3.    Kamaldeo Mandal, Son of Mantu Mandal, resident of Village-Kachora, P.S.
                 Kadwa, District-Katihar.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Sri Kumar Ravi, the Principal Secretary,
                 Department of Road Construction, Bihar, Patna.
           2.    Mr. Kanwal Tanuj, District Magistrate-cum-District Collector, Katihar.
           3.    Mr. Vijay Kumar, Addl. Collector, Katihar.
           4.    Mr. Vivek Kumar, Land Acquisition Officer, Katihar.
           5.    Mr. Warsa Singh, District Development Commissioner, Katihar.
           6.    Mr. Pawan Kumar Mandal, S.D.O. Barsoi, Katihar.
           7.    Mr. Raja Ram Singh, Executive Engineer, Department of Road
                 Construction, Katihar.
           8.    Mr. Dinesh Kumar Rai, Executive Engineer, Department of Rural Works,
                 Katihar.
           9.    Mr. Arvind Kumar, Superintending Engineer, Department of Road
                 Construction, Katihar.
           10. Mr. Ravi Shankar Sinha, Circle Officer, Kadwa, District-Katihar.
           11. Md. Zulfikar Adil, Block Development Officer, Kadwa, District-Katihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Binay Kumar
                 For the Opposite Party/s :    Mr. Manoj Kumar Ambastha (SC-26)
                                               Mr. Santosh Kumar Mishra, AC to SC-26
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):
          Patna High Court MJC No.542 of 2021(3) dt.12-03-2026
                                                      2/2




                                                 “for       initiating   contempt   proceeding

                                    against the opp. Parties for willful and deliberate

                                    violation of the order dated 20.01.2020 passed in

                                    CWJC No. 1029 of 2020.”

                                 3. First supplementary-show cause on behalf of the

                    opposite parties in on record and learned State counsel has taken

                    this Court to the order dated 13.04.2022 to show that the District

                    Land Acquisition Officer, Katihar has rejected the claim of the

                    petitioner as not maintainable.

                                 4. Granting liberty to agitate the matter, MJC No. 542

                    of 2021 stands disposed of.



                                                   (Rajiv Roy, J)
Adnan/-

U


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