Shyam Sundar Kumar @ Shyam Sundar Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.164 of 2025 In Civil Writ Jurisdiction Case No.9239 of 2019 ====================================================== 1.

Shyam Sundar Kumar @ Shyam Sundar Kumar Manjhi, Male, aged about 55 years, son of Late Shiv Bhajan Manjhi resident of Village- Shabri Nagar, P.S. Rupaspur, P.O-Dhanaut, Sahay Nagar, District Patna. 2.

Rekha Devi, female, aged about 58 years, wife of Jogindra Manjhi resident of Village- Shabri Nagar, P.S. Rupaspur, P.O-Dhanaut, Sahay Nagar, District Patna.

3.

Rajmuni Devi, female, aged about 48 years, wife of Awadh Bihari Ram resident of Village- Shabri Nagar, P.S. Rupaspur, P.O-Dhanaut, Sahay Nagar, District Patna.

4.

Kailash Manjhi, male, aged about 50 years, son of Sohray Manjhi resident of Village- Shabri Nagar, P.S. Rupaspur, P.O-Dhanaut, Sahay Nagar, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate-cum-Collector, Patna. 2.

The District Magistrate-cum-Collector, Patna. 3.

The Circle Officer, Danapur, Patna.

4.

The Sub-Divisional Officer, Patna.

5.

The Circle Officer, Patna Sadar, Patna.

6.

The Sub-Divisional Officer, Patna Sadar Patna. 7.

The Senior Superintendent of Police, Patna.

8.

Dr. Amit Kumar Singh Son of Sri Ajit Kumar Singh, resident of Mohiuddin Nagar, P.S-Mohiuddin Nagar, District-Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Advocate General For Resp. No. 8 :

Mr. Sanjay Kumar Mishra, Sr. Advocate Mr. Deepak Kumar Singh, Advocate Mr. Manas Rajdeep, Advocate Mr. Shubham Kumar Upadhyay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 23-07-2025 The review petitioners have filed the present application to review the order dated 30.04.2019. The review

Patna High Court C. REV. No.164 of 2025(3) dt.23-07-2025 2/3 petitioners are not parties to CWJC No. 9239 of 2019. The Coordinate Bench while disposing CWJC No. 9239 of 2019 passed the following order - "If what has been stated by the petitioner in his representation enclosed to the writ petition at Annexure-1 is correct, then it means the lumpens are thumbing nose at the administration in clear violation of not only the Bihar Prohibition and Excise Act but also the provisions of the Encroachment Act.

Accordingly to the petitioner, who is a doctor, the government lands, the details of which are mentioned in his representation, have not only been encroached but are being used for having drinking session.

Matter is serious and requires examination at the level of the District Magistrate, Patna who is accordingly directed to examine and consider the grievance of the petitioner raised at Annexure - 1 and take appropriate action in accordance with law, preferably within a period of three months from the date of receipt/production of a copy of this order.

Writ petition is disposed of with the direction above."

2. In not complying the order of this Court Dr. Amit Kumar Singh has filed contempt petition. During the pendency of the contempt petition, the concerned authority has not complied the order of this Court namely the District Magistrate, Patna. Resultantly, in order to overcome contempt of court

Patna High Court C. REV. No.164 of 2025(3) dt.23-07-2025 3/3 proceedings, he is stated to have issued show cause notice to such of those persons whose rights are likely to be affected including the review petitioners. In the light of the fact that review petitioners have been provided an opportunity before the District Magistrate, Patna and there is no specific direction of this Court in the order dated 30.04.2019 so as to displace the review petitioners, therefore, present civil review petition is not entertainable even after lapse of about more than five years. In the light of these facts and circumstances, review petitioners are hereby directed to submit their explanation or reply to the show cause notice stated to have been issued by the District Magistrate, Patna, if it is not submitted as on this day. Their reply and documents, if any, shall be taken note of by the competent authority while finalizing the matter.

3. With the above observation, present civil review petition stands disposed of as not maintainable.

4. Pending I.A., if any, stands disposed of.

(P. B. Bajanthri, J) (S. B. Pd. Singh, J) GAURAV S./- U