Lakhan Chaudhary Vs The State of Bihar through the Additional Chief Secretary — Patna HC (2025) — LawSathi Research

Lakhan Chaudhary Vs The State of Bihar through the Additional Chief Secretary — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The contempt proceeding against O.P. Nos. 2-6 stands disposed of; no further proceeding was found warranted in the light of the show-cause affidavit and the reported compliance.

Issue for consideration

Whether the contempt proceeding against O.P. Nos. 2-6 should proceed further, in view of the compliance shown by them (show-cause affidavit) and the resolved position on the petitioner's land/jamabandi claim.

Court's answer

Considering the specific averments made in the show-cause affidavit filed on behalf of O.P. Nos. 2-6, this Court finds no reason or occasion to proceed further in the contempt proceeding, and accordingly the contempt proceeding stands disposed of.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Harish Kumar, J.), Oral Order dated 01-08-2025 - Miscellaneous Jurisdiction Case No.315 of 2025, arising out of Civil Writ Jurisdiction Case No.14804 of 2024: Contempt proceeding DISPOSED OF. In compliance with this Court's order, O.P. Nos. 2-6 (the State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department; the District Magistrate-cum-Collector, Aurangabad; the Additional Collector (Lok Shikayat Nivaran)-cum-First Appellate Authority; the SDO, Aurangabad; the Circle Officer, Kutumba Anchal; and the S.H.O., Kutumba Police Station) filed the requisite show-cause affidavit. Compliance reported: notices duly served on Anil Tiwari, petitioner of Parcha Cancellation Case No. 72 of 2022, who failed to produce any relevant documents supporting his claim over the land; the Halka Revenue Karmchari's post-enquiry report confirmed the jamabandi of the land stood in the name of petitioner Lakhan Chaudhary; and O.P. No. 5 (Circle Officer) passed an order dated 30.11.2024 recommending that the jamabandi of Lakhan Chaudhary be kept as it is, with the record of the miscellaneous proceeding forwarded to the District Magistrate-cum-Collector, Aurangabad for further action. Finding no reason or occasion to proceed further, the Court disposed of the contempt proceeding.

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.315 of 2025

In

Civil Writ Jurisdiction Case No.14804 of 2024

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

Lakhan Chaudhary Son of Late Hari Chaudhary, Resident of VillageKutumba, P.S. Kutumba District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna namely Mr. Deepak Kumar Singh, son of not known to the petitioner.

Mr. Shreekant Shashtree, the District Magistrate-cum-Collector, Aurangabad (Bihar).

Mr. Ashish Kumar Sinha, the Additional Collector (Lok Shikayat Nivaran), District Aurangabad-cum-First Appellate Authority, Aurangabad.

Mr. Vijyant, the Sub Divisional Officer, Aurangabad (Bihar).

Mr. Balwant Singh, the Circle Officer, Kutumba Anchal, District Aurangabad (Bihar).

Mr. Dhananjay Sharma, the S.H.O. Kutumba Police Station, DistrictAurangabad.

Anil Tiwari Son of Lalan Tiwari, Resident of Village- Kutumba, P.S. Kutumba, District- Aurangabad (Bihar).

Sunil Tiwari Son of Lalan Tiwari, Resident of Village- Kutumba, P.S. Kutumba, District- Aurangabad (Bihar).

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mrs. Sunita Kumari, Adv. For the Opposite Party/s : Mr. Binay Kumar, AC to SC-10

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

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

4 01-08-2025 Heard the parties.

In compliance with the order of this Court, a show-

cause affidavit has been filed on behalf of the O.P. Nos. 2-6. In the light of the order under contempt, the claim of the petitioner vis-a-vis private respondent was duly considered. It has been informed to this Court that notices were duly served to the

Patna High Court MJC No.315 of 2025(4) dt.01-08-2025 2/2

petitioner of Parcha Cancellation Case No. 72 of 2022, namely, Anil Tiwari, but he failed to produce any relevant documents in support of his claim over the land, in question.

The Halka Revenue Karmchari has also submitted a report, after proper enquiry that the jamabandi of the land, in question, is standing in the name of the petitioner (Lakhan Chaudhary), as the petitioner of Parcha Cancellation Case No. 72 of 2022 failed to produce any document in support of his claim. Thus, the O.P. No. 5 has passed the order dated 30.11.2024, by which he recommended to keep the jamabandi of Lakhan Chaudhary as it is and further the record of miscellaneous proceeding has been sent to the District Magistrate-cum-Collector, Aurangabad for further action.

Considering the specific averments made in the show-cause affidavit filed on behalf of the O.P. Nos. 2-6, this Court does not find any reason or occasion to proceed further in the contempt proceeding. Accordingly, the contempt proceeding stands disposed off.

(Harish Kumar, J)

shivank/-

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