Chandrama Prasad v. The State Of Bihar Through Dr. Ashmina Jain, The Secretary, Urban Development A Housing Deptt.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2144 of 2024 In Civil Writ Jurisdiction Case No.12027 of 2019 ====================================================== 1.

Chandrama Prasad S/o Sakaldeep Prasad, R/o Near Mahabir Sthan, Chota Telpa, Police Line, Chapra, Saran, being in Shop No.1/D, Sarkari Bazar, Chapra.

2.

Abdul Halim Khan, S/o Abdul Latif Khan, R/o South of Tulsi Gali, Saran, Chapra, being in Shop No.37/A, Sarkari Bazar, Chapra. 3.

Nand Kumar Prasad, S/o Ramjee Prasad, R/o Ward No.28, Sahebganj, Sonarpatti, Saran, Chapra, being in Shop No.21/B, Sarkari Bazar, Chapra. 4.

Vijay Kumar, S/o Vishwanath Prasad, R/o Indra Nagar Nizam Road, Saran, Chapra, being in Shop No.28/B, Sarkari Bazar, Chapra. 5.

Md. Fazalerabbi, S/o Asraf Ali, R/o Bara Telpa Chowk, Saran, Chapra, being in Shop No.23/A, Sarkari Bazar, Chapra.

6.

Chandan Kumar, S/o Rameshwar Sah, R/o near Mahavir Mandir, Karhari Bagh, Bhuneshwar Path, Chapra, Saran, being in Shop No.27A/B, Sarkari Bazar, Chapra.

7.

Arun Kumar Singh, S/o Rama Shankar Singh, R/o Chota Telpa, Rawal Tola, Saran, Chapra, being in Shop No.12/E, Sarkari Bazar, Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through Dr. Ashmina Jain, the Secretary, Urban Development a Housing Deptt. Government of Bihar, Patna. 2.

Dr. Ashima Jai, the Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3.

Chapra Municipal Corporation through Sh Sumit Kumar, the Municipal Commissioner, Chapra.

4.

Sh Sumit Kumar, the Municipal Commissioner, Chapra Municipal Corporation, Chapra.

5.

The Sasakt Sthai Samittee, Chapra Municipal Corporation, Chapra through its municipal commissioner sh. Sumit Kumar 6.

Sh Aman Samir, the District Magistrate, Chapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Vagisha Pragya Vacaknavi, Advocate For the Opposite Party/s :

Mr.Government Advocate 3

2/7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-12-2025 Heard the parties.

2. The present petition has been preferred for the following relief/s:

(i) for initiation of a contempt proceeding against the Contemnors/Opposite Parties for deliberately and willfully disobeying order dated 27.06.3023 passed in C.W.J.C. No.

12027/2019 by this Court whereby and where under the Hon'ble Court disposed of the writ petition of the petitioners on the basis of submission made by the counsel appearing for Chapra Municipality that 'any eviction can be done only after issuing notice individually to the occupant/writ petitioners whereafter the matter can be taken to its logical conclusion in accordance with law' and ill then, the Hon'ble Court further directed for maintenance of status quo as existing on the date of passing of order.

3. Pursuant to the last order, a show cause has come

3/7 on behalf of opposite party nos. 3 to 6 duly filed by the opposite party no.3, the Municipal Commissioner, Chapra Municipal Corporation.

4. Paragraphs 05 to 07 read as follows:

5. That it is stated that in the light of order dated 27.06.2023 passed in CWJC No. 12027 of 2019 status quo is being maintained and not any demolition work/construction work has been started over shops of the petitioners which is known as SARKARI BAZAR.

6. That it is stated that the petitioners have filed contempt petition in the light of the news published into Hindi daily newspaper Chapra Prabhat dated 19.06.2024, in which in the Headline news has been published that सरकारी बाजारमेमलटीपलेकसऔर700 दुकानोबाला जी०+6 माकेटरकाननमारणशुर। In this connection it is stated that the news published in Chapra Prabhat dated 19.06.2024 is totally false and concocted,

4/7 because not any construction work at SARKARI BAZAR where the shops of the petitioners are present has been started and besides it, it is stated that for construction of Multiplex G+6 as yet not any map, not any project, DPR has been prepared and not any meeting has been convened and not any direction has been given by the then Municipal Commissioner namely Sumit Kumar, this news is totally false, under such circumstances the opposite parties cannot be held guilty for disobeying the order of this Hon'ble Court passed.

7. That it is stated that when such type of false news was published and contempt petition was filed on the basis of false and fabricated news published in daily news paper Chapra Prabhat dated 19.06.2024, then the Municipal Commissioner invited the shop keepers of Sarkari Bazar and clarified that not any

5/7 multiplex construction is being made, the news published into the Chapra Prabhat daily newspaper dated 19.06.2024 is false and concocted and in the meeting dated 04.12.2025 son of the Chandrama Prasad and others and son of Jalaluddin and others participated into the meeting of Chapra Nagar Nigam and they were told that not any work is being done for demolition the shops of Sarkari Bazar and present position of Sarkari Bazar is as it is, as it was earlier and the opposite party no.3 the present Municipal Commissioner published a public notice on 06.12.2025 at the wall of the Sarkari Bazar and in the notice it has been stated that on 20.06.2024 at 10,00 a.m. not any announcement through Loudspeaker has been announced to demolish the shops of Sarkari Bazar and the shop keepers were not told to come at the office of Chapra Nagar Nigam with documents and the

6/7 news is totally false and concocted and further it has been mentioned in public news that there is order of the Hon'ble Supreme Court to maintain status quo and there is no any proposal to demolish the shops of Sarkari Bazar and if, there would be any proposal to demolish the shops then according to law action would be taken. This public notice clearly indicates that the opposite party nos. 3 to 6 have not violated the order of this Hon'ble Court.

5. Learned counsel for the opposite parties, Mr. Indu Bhushan submits that entirely false news was published on 19.06.2024 by the Newspaper and though not incorporated in the petition, they are contemplating action against the said Newspaper due to which, unnecessary contempt petition was filed warranting this affidavit.

6. In view of the categorical statement made in paragraphs 5 to 7 of the show cause as recorded above, the contempt petition is disposed of expecting them to act relating to the false news wasting the time and energy of all.

7/7

7. The petitioner has all the liberty to move this Court afresh, if the order is violated.

8. The MJC No. 2144 of 2024 is disposed of.

(Rajiv Roy, J) Ravi/- U