Patna High Court
Awadhesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
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
Checking your session…