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Patna High Court

Surendra RamversusThe State of Bihar through the Principal Secretary Department of Revenue and Land Reform

Decided
Disposal
DISPOSED

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
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                                  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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