Achyuta Nand Yadav @ Achyuta Nand Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Achyuta Nand Yadav @ Achyuta Nand Singh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach this Court if the order of the Court is violated by the State-authorities.

Issue for consideration

Whether the issuance by the Circle Officer, Phulli Dumar, Banka, of a notice dated 05.03.2025 under Section 3 of the Bihar Public Land Encroachment Act, 1956, while the matter remained sub judice before the Court and the Bihar Land Tribunal order stood stayed by the Court's order dated 21.09.2017, constitutes willful and deliberate violation of that order warranting contempt action.

Court's answer

The present contempt application is disposed of with the observation that the petitioner shall be at liberty to approach this Court if the order of the Court is violated by the State-authorities; no adverse or contempt finding is recorded against any authority.

Detailed headnote1 paragraphs

Patna High Court, Miscellaneous Jurisdiction Case No.1374 of 2025 (Anil Kumar Sinha, J.; oral order dated 16.06.2025) — Contempt application arising out of Civil Writ Jurisdiction Case No.13579 of 2017 concerning the petitioner's land (Khata No. 72, Khesra No. 534/604, Village Kurnarpur, District Banka), alleging willful and deliberate violation of the Court's order dated 21.09.2017, by which the Court had stayed the operation of the order dated 28.08.2017 of the Member Administrative, Bihar Land Tribunal, Patna, in BLT Case No. 1189 of 2015. Grievance: despite the pending writ and the stay, the Circle Officer, Phulli Dumar, Banka, issued a notice dated 05.03.2025 to the petitioner under Section 3 of the Bihar Public Land Encroachment Act, 1956; the petitioner's objection thereto was filed on 21.03.2025 (Annexure-9). Learned counsel for the State submitted that under no circumstance would the Circle Officer violate the Court's order. Without recording any finding of contempt, the application was disposed of with liberty to the petitioner to approach the Court afresh in the event of violation by the State-authorities.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1374 of 2025

In

Civil Writ Jurisdiction Case No.13579 of 2017

======================================================

Achyuta Nand Yadav @ Achyuta Nand Singh Son of Late Baldeo Yadav @ Baldeo Mahto, Resident of Village- Kumar Pur, Police Station- Phullidumar, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar Biha

Mr. Dipak Kumar Singh, Son of not known to the petitioner, Additional Chief Secretary / Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

Mr. Dinesh Kumar, Son of not known to the petitioner, the Divisional Commissioner, Bhagalpur Division, Bhagalpur.

Ms. Bandana Varma, Wife of/ daughter of not known to the petitioner, the Deputy Collector Land Reforms, Banka, District- Banka.

Mr. Manoj Kumar, Son of not known to the petitioner, the Circle Officer, Phulli Dumar, District- Banka.

Mr. Pankaj Kumar Singh, Son of Late Ugramohan Singh, Resident of Village and P.O. Kumarpur, P.S. Phulli Dumar, District- Banka.

... ... Opposite Party/s

======================================================

Appearance : For the Petitioner/s : Mr. Rajesh Mohan For the Opposite Party/s : Mr. Government Pleader 18 ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 16-06-2025 1. Heard learned counsel for the parties concerned.

2. The present contempt application has been filed for willful and deliberate violation of the order, dated 21.09.2017, passed in CWJC No. 13579 of 2017.

3. Learned counsel for the petitioner submits that the petitioner is original owner of a piece of land admeasuring 2.52 acres bearing Khata No. 72, Khesra No.

Patna High Court MJC No.1374 of 2025(2) dt.16-06-2025 2/3

534/604 situated in Village Kurnarpur.

4. By order, dated 28.07.2017, passed by Member Administrative, Bihar Land Tribunal, Patna, in BLT Case No. 1189 of 2015, the case of the petitioner was dismissed upholding the order, dated 05.08.2015, passed by Divisional Comissioner, Bhagalpur, in Miscellaneous (Land Dispute Resolution) Appeal Case No. 98 of 201415 and order, dated 05.09.2024, passed by Deputy Collector Land Reforms in Land Dispute Case No. 30 of 2013-14.

5. By issuing notice to the respondent no. 5, dated 21.09.2017, this Court stayed the operation of order, dated 28.08.2017, passed by Member Administrative, Bihar Land Tribunal, Patna, in BLT Case No. 1189 of 2015.

6. Learned counsel for the petitioner submits that despite the fact that the matter is subjudice before this Court and the order passed Bihar Land Tribunal, Patna, has been stayed, the Circle Officer, Phulli Dumar, Banka, has issued a notice, dated 05.03.2025, to the petitioner under Section 3 of the Bihar Public Land Encroachment Act, 1956. He next submits that objection pursuant to the notice, dated

Patna High Court MJC No.1374 of 2025(2) dt.16-06-2025 3/3

05.03.2025, has already been filed by the petitioner before the Circle Officer, Phulli Dumar, Banka, on 21.03.2025, annexed at Annexure-9.

7. Learned counsel for the State submits that under no circumstance the order passed by this Court shall be violated by the Circle Officer, Phulli Dumar, Banka.

8. The present contempt application is disposed with the observation that the petitioner shall be at liberty to approach this Court if the order of Court is violated by the State-authorities.

(Anil Kumar Sinha, J)

ashwani/-

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