Sahjanandani Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3814 of 2014 In Civil Writ Jurisdiction Case No. 463 of 2014 ====================================================== Sahjanandani Devi Wife of Sri Suresh Rai Resident of Village - Rampur, P.S.- Bakhri, District - Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri Veyas Ji, Secretary Department of Land Reforms, State of Bihar, Patna

3. Seema Pripathi, District Magistrate, Begusarai

4. Sri Narendar Jha, Additional Collector, Begusarai

5. Sri Niranjan Kumar, Anchal Adhikari, Begusarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Mr.Amit Kumar, Advocates.

For the State : Mr. Neeraj Raj, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-03-2015 Heard learned counsel for the petitioner and learned counsel for the state.

This Court has passed the following order on 23.6.2014 in C.W.J.C. No.463 of 2014:

"In this view of the matter, initiation of proceeding by the Circle Officer, Begusarai in Jamabandi Cancellation Case No.46A of 2012-13 is not sustainable in law.

Accordingly the notice dated 11.5.2013 (Annexure-1) issued against the petitioner is hereby quashed. However, the Additional Collector will be at liberty, if so advised, may proceed with the matter."

The grievance has been made on behalf of the

Patna High Court MJC No.3814 of 2014 (2) dt.25-03-2015 petitioner that the Additional Collector without initiating a fresh proceeding has passed the order in the same case which is de horse to his interest. It is a fresh cause of action. This Court can not adjudicate the same while sitting in the contempt proceeding.

Accordingly this contempt petition is dismissed. However, the petitioner will be at liberty to challenge the same before an appropriate forum.

Vinay/- (Shivaji Pandey, J) U