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Patna High CourtMJC/2169/2025dismissed

Bindu Thakur v. The State Of Bihar Through Mr. Dipak Kumar, The Principal Secretary

2025-09-26Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2169 of 2025 In Civil Writ Jurisdiction Case No.2833 of 2025 ====================================================== 1.

Bindu Thakur Son of Singhasan Thakur, Resident of Village, P.O. and P.SCharpokhari, District- Bhojpur. 2.

Birendra Thakur Son of Singhasan Thakur, Resident of Village, P.O. and P.S- Charpokhari, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. Dipak Kumar, the Principal Secretary Department of Land Reforms and Revenue, Govt. of Bihar, Patna. 2.

Mr. Tanai Sultania, the Collector-cum-District Magistrate, Bhojpur at Arrah. 3.

Mr. Birendra Kumar, the Circle Officer at Charpokhari Anchal, DistrictBhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Shankar Prasad Yadav, Adv.

For the Opposite Party/s :

Standing Counsel 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2025

1. Heard learned counsel for the petitioners and the learned SC-21 for the State.

2. The learned counsel for the petitioners submits that the instant contempt application has been filed for initiating a proceeding of contempt against the contemnor opposite parties for violation of the order dated 25.02.2025 in CWJC No. 2833 of 2025.

3. The learned counsel for the petitioners next submits that CWJC No. 2833 of 2025 was filed for a direction upon the Circle Officer, Charpokhari to give effect to the order dated

Patna High Court MJC No.2169 of 2025(4) dt.26-09-2025 2/3 27.06.2024 passed by the Collector-cum-2nd Appellate Authority, Bhojpur, Ara whereby he had directed the Circle Officer to carry out the measurement of the land for which the petitioners had deposited the requisite fee.

4. The learned counsel for the petitioners further submits that no doubt measurement of the land was carried out by the authorities, but then the same was done behind their back, on which the learned counsel appearing on behalf of the State submits that a show cause has been filed wherein it has been specifically pleaded at Para-6 that the Circle Officer, Charpokhari had directed the Revenue Clerk vide his Letter dated 25.03.2025 to verify the subject matter of the writ application and to produce a report accordingly after verification and inquiry of the land, the Anchal Amin, Charpokhari examined physically the land in question and submitted a report dated 28.03.2025 wherein it was recorded that 3 decimal of land comprising of Mauza-Charpokhari Revenue Thana No. 248, Khata No. 14, Khesra No. 498, 967 is recorded in the name of Bindu Thakur and Birendra Thakur (petitioners herein) having Jamabandi No. 46 and computerized Jamabandi No. 193143000048448, however on physical verification of the spot, it was found that the land in dispute is in possession of one

Patna High Court MJC No.2169 of 2025(4) dt.26-09-2025 3/3 Birendra Kumar Himanshu son of Late Ram Tahal Singh village Charpokhari who had fenced the land.

5. The learned counsel for the State also submits that Birendra Kumar Himanshu has also filed a writ application before this Court as well as a title suit with respect to the land in dispute.

6. After hearing the learned counsel for the State, the Court is not inclined to proceed with the contempt application.

7. Accordingly, the instant contempt application is rejected.

(Satyavrat Verma, J) Rishabh/- U