Patna High CourtMJC/963/2015dismissed

Upendra Prasad Singh And ORS. v. The State Of Bihar And ORS

2018-03-27Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.963 of 2015 In Civil Writ Jurisdiction Case No.2330 of 2010 ======================================================

1. Upendra Prasad Singh, Son of Late Shatrughan Singh.

2. Birendra Prasad Singh, Son of Late Bindeshwari Singh.

3. Vijaya Shankar Singh, Son of Late Vishwanath Singh.

4. Ashok Kumar Singh, Son of late Rup Kanta Singh.

5. Ajaya Singh,Son of Late Vishwanath Singh.

All Residents of Village-Majaura, P.S.- Bihariganj, Sub Division- Uda Kishunganj, P.O.- Majaura, District - Madhepura. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Gopal Meena, I.A.S., Collector of the District cum District Magistrate, Madhepura.

3. Sri Deepak Kumar Sahu, Sub Divisional Magistrate, Madhepura, District - Madhepura.

4. Sri Shyama Nand Jha, Circle Officer cum Anchal Adhikari, Uda Kishunganj, District - Madhepura.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Brij Mohan Kumar Singh, Advocate For the S t a t e :

Mr. Yogendra Pd. Sinha, AAG-7 Mr. Shankar Kumar, AC to AAG-7 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-03-2018 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State.

The petitioners seek compliance of the order dated 31.07.2012 passed in CWJC No.2330 of 2010.

After perusal of several documents annexed with the contempt application, it appears that the Basgit Parcha holders have succeeded in revision and thereafter, the matter was sent back to the Circle Officer for fresh determination after

Patna High Court MJC No.963 of 2015(7) dt.27-03-2018 2/2 following the principles of natural justice and in accordance with law.

Learned counsel for the petitioners submits that the said determination made by the Anchal Adhikari is wholly illegal. Be that as it may, since the revision application was decided by the Collector against the petitioners, the Collector could not have handed over the lands in favour of the petitioners. Thus, no case under the Contempt of Courts Act is made out. It is, accordingly, dismissed.

(Anjana Mishra, J) PNM U