Patna High Court
Jagjivan NayakversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition for contempt was dismissed as the parties had compromised the dispute and no longer sought contempt proceedings.
Summary
Jagjivan Nayak filed a petition seeking a contempt order against the State of Bihar and several officials for allegedly willfully disobeying an order dated 01‑03‑2019 in CWJC No. 4048/19. The petitioner claimed the opposite parties had flagrantly violated the earlier order and asked the court to punish them for contempt. During the hearing, counsel for the Sasaram Municipal Corporation produced Annexure‑H showing that both the complainant and the alleged encroacher had appeared before the court in case no. 07 of 2023‑24, stating they had reached a compromise and did not wish to pursue the matter further. The court noted this avowal and the accompanying document, and consequently disposed of the contempt petition without issuing any contempt order. The petition was therefore dismissed on the ground of settlement between the parties.
Issues considered
- Whether the opposite parties can be held in contempt for alleged willful disobedience of the order dated 01‑03‑2019 in CWJC No. 4048/19
- Whether the petition for contempt remains maintainable after the parties have settled the underlying dispute
Subjects
- contempt of court
- civil writ jurisdiction
- settlement
- order enforcement
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.836 of 2020
In
Civil Writ Jurisdiction Case No.4048 of 2019
======================================================
Jagjivan Nayak Son of Hussaini Ram Resident of Takia Bazar, PS- Sasaram,
District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Urban Development
Department, Government of Bihar, Patna namely Anand Kishor Son of not
known to the petitioner.
2. Pankaj Dixit Son of not known to the petitioner the District Magistrate,
Rohtas at Sasaram.
3. Raj Kumar Gupta Son of not known to the petitioner The Sub Divisional
Officer, Rohtas at Sasaram.
4. Nagar Parishad, Sasaram through Executive Officer, Sasaram namely
Himani Kumari, Wife of not known to the petitioner.
5. Himani Kumari Wife of not known to the petitioner Executive Officer,
Nagar Parishad, Sasaram.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Rai, Advocate
For the Opposite Party/s : Mr. Kinkar Kumar, SC-9
======================================================
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):
“for issuance of a rule of contempt
against contemnor opposite parties for their willful
and deliberate disobedience shown to the order
dated 01-03-2019 passed in CWJC No. 4048/19 by
a bench of this Hon'ble Court presided over by
Patna High Court MJC No.836 of 2020(3) dt.12-03-2026
2/2
Hon'ble Mr. Justice Sudhir Singh and flagrant
violation of the same and punish them suitably for
said contemptuous acts.”
3. Learned counsel representing Sasaram Municipal
Corporation has taken this Court to Annexure-H series to show
that after the notices were issued to the parties, both the
complainant as also the encroacher appeared and jointly
submitted in proceeding case no. 07 of 2023-24 that they have
compromised the matter and do not want to pursue the case
further.
4. Taking note of the said averment made in the show
cause as also the document on record, MJC No. 836 of 2020
stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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