Patna High Court
Surendra RamversusThe State of Bihar through the Principal Secretary Department of Revenue and Land Reform
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the order of the writ court had been complied with, therefore no contempt occurred and the petition was dismissed.
Summary
The petitioner, Surendra Ram, filed a petition seeking contempt proceedings against several respondents, alleging that they willfully violated a prior order of this Court dated 25‑04‑2024 concerning land measurement. The respondents, including the Circle Officer, submitted affidavits stating that the land had been re‑measured, a field memorandum was prepared, and the petitioner refused to sign it. The Court examined the affidavits, notices, and the measurement process, noting that the Circle Officer had conducted the enquiry and that the required signatures (except the petitioner's) were obtained. Concluding that the earlier writ order had been complied with, the Court found no ground for contempt. Consequently, the petition was dismissed and the matter disposed of.
Issues considered
- Did the respondents willfully violate the Court's order dated 25‑04‑2024?
- Is there sufficient basis to initiate contempt proceedings against the respondents?
- Should the petition seeking contempt be dismissed?
Subjects
- contempt of court
- land measurement
- civil writ jurisdiction
- compliance with court order
- petition disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.959 of 2025
In
Civil Writ Jurisdiction Case No.1088 of 2024
======================================================
Surendra Ram Son of Late Mobha Ram, Resident of Village-Baniyachapar,
P.O.-Rampur, Daud, District-Gopalganj. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Revenue
and Land Reform Government of Bihar, Patna.
2. Dr. Pradeep Kumar, The Sub Divisional Officer, Gopalganj.
3. Manibhushan Kumar, The Circle Officer, Kuchaikote, Gopalganj.
4. Bihar Bhoodan Yagna Committee, Gopalganj.
5. Prahlad Ram, son of Late Bhikhari Ram, resident of Village-Banipur, P.S.-
Kuchaikote, District-Gopalganj.
6. Arjun Ram, Son of Late Bhikhari Ram, resident of Village-Banipur, P.S.-
Kuchaikote, District-Gopalganj.
7. Virendra Yadav, son of Late Naga Chaudhary, resident of Village-Banipur,
P.S.-Kuchaikote, District-Gopalganj.
8. Shambhu Pandey, son of Late Sharda Pandey, resident of Village-Banipur,
P.S.-Kuchaikote, District-Gopalganj.
9. Vijay Ram, Son of Jagarnath Ram, resident of Village-Banipur, P.S.-
Kuchaikote, District-Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Arvind Kumar, AC to Ex. G.A.09
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 01-05-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) for initiation of contempt proceeding
against the contemnors/opposite parties
particularly opposite party no.-3 who have
willfully and deliberately violated the order
of this Hon'ble court vide order dated
25.04.2024 passed in CWJC No. 1088 of
Patna High Court MJC No.959 of 2025(5) dt.01-05-2026
2/4
2024 by this Court.
3. Pursuant to the last order, the affidavit has come on
behalf of the Circle Officer, Kuchaikote, Gopalganj, according
to which, the Circle Officer once again took pains and the entire
land was re-measured. The facts have been narrated in
paragraph nos. 10 to 14 which read as follows:
10. That it is submitted that during the
Course of measurement of Land one
of the boundary man namely Sambhu
Pandey has stated that Title Suit no.
412/2019 is pending regarding the
title of the Land in question before the
competent Civil Court against the
present petitioner.
11. That offer the measurement of the
Land a field memorandum was
prepared at the spot on which the
Villagers, Anchal Amins. Circle
Inspector, Kuchaikote has made their
signatures but the petitioner has
refused to make signature upon held
memorandum.
Patna High Court MJC No.959 of 2025(5) dt.01-05-2026
3/4
12. That it is humbly Submitted that
the Circle Officer, Kuchaikote again
sent a notice dated 02.04.2026 Vide
Memo No. 1011 dated 08.04.2026 to
the petitioner and other persons
concerned with the Land in-question
to be present on 10.04.2026 at the
spot for enquiry and measurement of
the Land appertaining to plot no. 174
khata no.. 30 Area 16 decimal in
Mauza Baniya Chhaper Anchal
Kuchaikote District-Gopalganj and
the notice was duty served upon the
petitioner and others on 09.04.2026.
13. That the Land in question was
enquired into by the Circle Officer,
Kuchalkote in presence of the
petitioner on 10.04.2026 and other
Villagers, Anchal Amin and Circle
Inspector and the Anchal Amin has
again got measurement of the Land
which was identified by the petitioner
Patna High Court MJC No.959 of 2025(5) dt.01-05-2026
4/4
in three peaces, but the petitioner was
not found in possession of the Land.
The Anchal Amin has submitted his
report dated 11.04.2026 along with
trace map.
14. That after measurement of Land a
field Memorandum was prepared at
the spot on which the petitioner has
refused to make his Signature
although the Villagers and Anchal
Amin, Halka Karamchari, Circle
Inspector and Circle Officer has made
Signature on the field memorandum at
the spot.
4. This Court is convinced that the order passed in the
writ Court is complied.
5. The petitioner, if aggrieved, can very well take
recourse to appropriate Court by filing a proper petition.
6. The MJC No. 959 of 2025 is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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