Dismissed¶35

Samiur Rahman v. The State of Bihar and Ors.

Patna HC5 Dec 2025MJC/289/2019

Case brief

AI extract

What is this about?

Patna High Court; Miscellaneous Jurisdiction Case No.289 of 2019; contempt application dismissed; alleged willful disobedience of order dated 03.04.2017 in M.J.C. No.92 of 2015; Court found no mandamus issued in the 2017 order; contempt application held totally misconceived; petitioner Samiur Rahman; opposite parties State of Bihar and Araria Nagar Parishad officers (Himanshu Sharma, Bhavesh Kumar, Dinanath Singh, Dhanpat Modi); underlying Civil Writ Jurisdiction Case No.8319 of 2013; judge Alok Kumar Sinha; decision date 05-12-2025.

What did the court decide?

On reading the order dated 03.04.2017 passed in M.J.C. No.92 of 2015, this Court found that no mandamus had been issued therein; consequently, the petitioner's contempt application is totally misconceived. ¶34

Samiur Rahman Vs The State of Bihar and Ors. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.289 of 2019

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Civil Writ Jurisdiction Case No.8319 of 2013

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Samiur Rahman Late Sayeedur Rahman Presently residing at Rahika Tola, Ward No.21, P.L.A. School Gali, Near A.D.B. Chowk, Araria, P.S. and District- Araria

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... ... Petitioner/s

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Versus

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The State of Bihar

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Mr. Himanshu Sharma District Magistrate-cum-Collector-cum-Chief Executive Officer, Araria

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Mr. Bhavesh Kumar The then Executive Officer, Araria Nagar Parishad, Araria

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Mr. Dinanath Singh Present Executive Officer, Araria Nagar Parishad, Araria

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Mr. Dhanpat Modi Junior Engineer, Araria Nagar Parishad, Araria

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... ... Opposite Party/s

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Appearance : For the Petitioner/s : Ms.Sanjana, Advocate Ms. Alka Singh, Advocate For the State : Mr. Manish Kumar, A.C. to Ex. AAG-6 For O.P. No.3 : Mr. Sanjay Kumar Sharma, Advocate

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

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ORAL ORDER

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4 05-12-2025

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Heard learned counsel for the petitioner, learned

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counsel appearing for the State and learned counsel for Nagar Parishad, Araria.

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This application has been filed for initiating contempt proceeding against the Opposite parties alleging that they have willfully disobeyed the direction of this Court passed vide order dated 03.04.2017 in M.J.C. No.92 of 2015.

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Order dated 03.04.2017 passed in M.J.C. No.92 of

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Patna High Court MJC No.289 of 2019(4) dt.05-12-2025 2/2

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2015 which has been brought on record by way of Annexure-1

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is reproduced hereinbelow for needful :-

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“Heard the parties.

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Learned counsel for the petitioner submits that work order has been cancelled but certain work has been done and materials are lying in the private land of the petitioner as public road cannot be constructed over his private land without permission of the petitioner.

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Learned counsel for the State submits that in view of cancellation of work order whatever advance has been given the same has been directed to be returned. No materials are lying in the private land of the petitioner.

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In such view of the mater, the authority would see if anything is lying that should be removed within one month from today. If they would fail to remove the material the petitioner, if so advised, may use it for his personal use.

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Accordingly, this application is disposed

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of.”

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