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Patna High Court

Bijay Narayan JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt application was dismissed, with the Court granting the petitioner liberty to pursue the matter before the appropriate forum.

Summary

Petitioner Bijay Narayan Jha filed a contempt application alleging that the District Land Acquisition Officer (Opposite Party No. 3) willfully ignored a prior order dated 22 January 2026 directing the officer to consider the petitioner’s representation and act in accordance with law. The show‑cause memo dated 10 February 2026 revealed that the officer had rejected the petitioner’s claim, prompting the contempt petition. The High Court examined whether the non‑compliance amounted to contempt and whether the matter should be pursued through a regular forum. The Court held that the petitioner could pursue the grievance before the appropriate forum and did not find sufficient ground to proceed with contempt. Consequently, the contempt application was disposed of, granting the petitioner liberty to agitate the matter elsewhere.

Issues considered

  • Does the failure of the District Land Acquisition Officer to act on the earlier order constitute contempt of court?
  • Should the contempt proceedings be entertained or should the petitioner be directed to approach the appropriate forum for relief?

Subjects

  • contempt of court
  • civil writ jurisdiction
  • land acquisition
  • non‑compliance with court order
  • high court procedure
  • petitioner's representation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.609 of 2026
                                                     In
                                Civil Writ Jurisdiction Case No.784 of 2026
                 ======================================================
                 Bijay Narayan Jha Son of Late Bhairav Jha, Resident of Mohalla- Adarsh
                 Vihar Colony, Rukanpura, P.S.- Rupaspur, District- Patna.

                                                                                 ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar.
           2.    Smt. Varsha Singh, Daughter of not known to petitioner, the District
                 Magistrate, Vaishali.
           3.    Shri Govind Kumar, Son of not known to petitioner, the District Land
                 Acquisition Officer-cum-Competent Authority, Vaishali.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Chandra, Adv.
                 For the Opposite Party/s :        Mr. Subhash Pd. Singh, GA-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   24-04-2026                    Heard Mr. Krishna Chandra, learned counsel for the

                   petitioner and and the State.

                                2. The present application has been preferred:

                                                        for      initiating   the     Contempt
                                              Proceedings against the Opposite Parties for
                                              willfully and deliberately not complying with
                                              the direction issued vide Order dated
                                              22.01.2026 passed in CWJC No.-784/2026
                                              by Hon'ble Mr. Justice Rajiv Roy, by which
                                              the concerned Opposite Parties especially
                                              Opposite Party No.-3 was obliged to
                                              consider the representation of the petitioner
                                              and take the same to its logical conclusion in
                                              accordance with law.
           Patna High Court MJC No.609 of 2026(2) dt.24-04-2026
                                                       2/2




                                  3. The show cause of opposite party no. 3 is on record

                     which shows that vide memo no. 208 dated 10.02.2026, the

                     District Land Acquisition Officer, Vaishali has rejected the claim

                     of the petitioner.

                                  4. Granting liberty to the petitioner to agitate the

                     matter before appropriate forum/ Court, MJC No. 609 of 2026 is

                     disposed of.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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