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Patna High Court

Awadhesh RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the State had complied with the earlier order, so the contempt application was dismissed.

Summary

Awadhesh Rai filed a contempt application alleging that the State of Bihar and its officials had failed to comply with a September 2, 2024 order directing the Circle Officer to demarcate Rai's land within ten weeks after he filed a fresh representation with the required fee. The State responded with a show‑cause statement asserting that the fee had been paid, a measurement case was filed, and the Anchal Amin carried out the demarcation on April 30 and May 2, 2025, submitting a report and map on May 5, 2025. The court examined the show‑cause submission and found that the directions of the earlier order had been fully complied with. Consequently, the court held that no contempt had occurred. The contempt application was therefore disposed of without any further order.

Issues considered

  • Did the State of Bihar and its officials fail to comply with the court’s September 2, 2024 order directing land demarcation?
  • Is the petitioner entitled to a finding of contempt for alleged non‑compliance?

Subjects

  • contempt of court
  • civil writ jurisdiction
  • land demarcation
  • compliance with court order
  • measurement of land
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.771 of 2025
                                                        In
                                Civil Writ Jurisdiction Case No.2540 of 2021
                 ======================================================
                 Awadhesh Rai Son of Late Ramjee Singh @ Ramjee Rai, Resident of Village-
                 Ekwari, P.S. Sahar, District Bhojpur- 802208.

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sri Tanai Sultania Son of not known to the petitioner, District Magistrate,
                 Bhojpur at Arrah.
           3.    Shweta Mishra Daughter of not known to the petitioner, Deputy Collector
                 Land Reform, Bhojpur at Arrah.
           4.    Mr. Ashok Kumar Son of not known to the petitioner, Circle Officer, Sahar,
                 Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Subodh Kumar, Advocate
                 For the Opposite Party/s :        Ms. Prerna Anand, A.C. to G.P.-18
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   30-01-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The present contempt application has been filed for

                   non-compliance of order dated 02.09.2024 passed in CWJC

                   No.2540 of 2021. In the aforesaid order, the direction has been

                   issued to the State Authority which is quoted in paragraph Nos.2

                   and 3 of the said order, which reads as follows:

                                              “2. Learned counsel for the petitioner

                                              submits that in view of the stand taken by the

                                              State-Respondents in their counter affidavit,
Patna High Court MJC No.771 of 2025(4) dt.30-01-2026
                                            2/4




                                  the petitioner intends to file a fresh

                                  representation along with requisite fee

                                  within      a    period   of   two   weeks’ for

                                  measurement of the land in question.

                                  3. In view of the aforesaid, if the petitioner

                                  files a fresh representation along with

                                  requisite amount/fee within the aforesaid

                                  period, then the Respondent No. 4 is directed

                                  to demarcate the land of the petitioner

                                  within a period of ten weeks’ thereafter.”

                       3. Learned counsel for the State has filed a show

          cause stating therein in paragraph Nos.4,5,6 and 7, which reads

          as follows:

                                  “4. That it is pertinent to State here that the

                                  petitioner has submitted No.3160 and 3166,

                                  Khata No. 130, 133 measuring an area 10

                                  decimal, and 6 decimal, respectively in

                                  Village Ekwari, Bhojpur. P.S. Sadar, District-

                                  Requisites measurement /demarcation fee

                                  has been paid for only two plots.

                                  5. That thereafter the office opposite party

                                  No. 4 of instituted measurement case
Patna High Court MJC No.771 of 2025(4) dt.30-01-2026
                                            3/4




                                  No.01/2025-26 for measurement of the land

                                  petitioner measuring an of the 6 area

                                  decimal appertaining to Khata No.133,

                                  Khesra No.3166, Khata No 130, Khesta

                                  No.3160 area 10 decimal situated in Mauza

                                  Ekwari, P.S. Sahar, District-Bhojpur

                                  6. That pursuant to measurement case No.

                                  01/2025 26 the Anchal Amin was directed to

                                  demarcate/measure the land of the petitioner.

                                  7. That the Anchal Amin Sahar as per the

                                  direction of the opposite party No. 4

                                  conducted            demarcation/measurement

                                  process at the spot on 30.04.2025 and

                                  02.05.2025 and accordingly done the same

                                  and      submitted   report   on   05.05.2025

                                  alongwith Map at a glance.”

                       4. The pleading in paragraph Nos.4,5,6 and 7 of the

          aforesaid show cause on behalf of opposite party Nos. 2 to 4

          suggests that the order of this Court has been fully complied

          with.

                       5. In view of the aforesaid, no order is need to be

          passed in the present contempt application.
           Patna High Court MJC No.771 of 2025(4) dt.30-01-2026
                                                       4/4




                                  6. Accordingly, this contempt application stands

                     disposed of.



                                            (Rajesh Kumar Verma, J)
Nitesh/-

U


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