Prabhu Paswan @ Prabhu Gorait v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.865 of 2024 In Civil Writ Jurisdiction Case No.14807 of 2022 ====================================================== Prabhu Paswan @ Prabhu Gorait Son of Jaggu Paswan Resident of VillageRatnara Ganga Bigha, Tola Ratti Bigha, P.S.- Bodh Gaya, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna namely Shri Amir Subhani.

2.

Dr. Thiyagaranjan S.M., the Collector- Cum- District Officer, Gaya. 3.

Sri Lalit Bhushan Ranjan, the Land Reforms Deputy Collector, Sadar, Gaya, District- Gaya.

4.

Sri Avinash Kumar, the Circle Officer, Bodh Gaya, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Upendra Prasad Singh, Advocate Mr. Harendra Kumar, Advocate For the Opposite Party/s :

Mr. Additional Advocate General 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

2. The instant application has been filed alleging violation of the directions contained in order dated 2.5.2023 passed in CWJC no.14807 of 2022 whereby the writ application was disposed of directing the petitioner to approach the Deputy Collector Land Reforms, Sadar, Gaya along with all supporting documents and who was to proceed in accordance with law. It was further observed that the Court had not gone into the merits of case of the petitioner which was left open to be decided by

Patna High Court MJC No.865 of 2024(6) dt.18-04-2025 2/3 Land Reforms Deputy Collector, Gaya and Circle Officer, Bodhgaya, District-Gaya.

3. At the outset, learned counsel for the opposite parties in reference to the show cause filed on behalf of the opposite party nos.2 to 4 submits that the directions contained in the order from which the instant contempt application arises has been complied by the Land Reforms Deputy Collector, Sadar, Gaya who has passed orders and disposed of Rent Fixation Case no.1/2024-25 in light of the departmental notification. A copy of the said order has been brought on record as Annexure-A series to the show cause.

4. Learned counsel for the petitioner submits that the direction contained in order dated 2.5.2023 was to the effect that the order had to be passed after following due process of law and hearing all concerned. The petitioner was neither given any notice nor heard and thus there is no compliance of the directions of this Court contained in the order.

5. Having heard learned counsel for the parties and taking into consideration the materials on record and the submissions made, having gone through the contents of the show cause and the order of the DCLR enclosed with the same, the Court is satisfied that there is substantial compliance of the

Patna High Court MJC No.865 of 2024(6) dt.18-04-2025 3/3 directions contained in the order dated 2.5.2023 (Annexure P/1).

6. In the opinion of the Court, no contempt is made out.

7. The application stands disposed of with liberty to the petitioner to challenge the order passed by the opposite parties before the appropriate Authority/forum in accordance with law.

(Partha Sarthy, J) Shiv/- U