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Patna High CourtMJC/2089/2023disposed

Jai Ram Choudhary v. The State Of Bihar

2024-07-12Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2089 of 2023 In Civil Writ Jurisdiction Case No.3406 of 2022 ====================================================== Jai Ram Choudhary son of Late Chhabbu Choudhary, Resident of VillageBhwanathpur, Post Office-Rannu Chak Makandpur, Police Station-Akbar Nagar, District-Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sri Brijesh Mehrotra, presently posted as the Principal Secretary, Land Revenue and Reforms Department, Government of Bihar, Patna. 3.

Sri Dayanidhan Pandey, presently posted as the Commissioner, Bhagalpur Division, Bhagalpur.

4.

Sri Subrat Kumar Sen, presently posted as the District Collector, Bhagalpur, District-Bhagalpur.

5.

Sri Vinod Kumar, presently posted as the District Land Acquisition Officer, Bhagalpur, District-Bhagalpur.

6.

Sri Shambhu Sharan Roy, presently posted as Circle Officer, Sultanganj, District-Bhagalpur.

7.

Rajnish Choudhary, son of Late Bindeshwari Choudhary, resident of VillageBhawanathpur, Post Office-Rannu Chak Makandpur, Police Station-Akbar Nagar, District-Bhagalpur.

8.

Manish Choudhary, son of Late Bindeshwari Choudhary, resident of VillageBhawanathpur, Post Office-Rannu Chak Makandpur, Police Station-Akbar Nagar, District-Bhagalpur.

9.

Mostt. Fudo Devi, Wife of Late Birbal Choudhary, resident of VillageBhawanathpur, Post Office-Rannu Chak Makandpur, Police Station-Akbar Nagar, District-Bhagalpur.

10.

Nawal Kishore Choudhary, son of Late Dhanushdhari Choudhary, resident of Village-Bhawanathpur, Post Office-Rannu Chak Makandpur, Police Station-Akbar Nagar, District-Bhagalpur.

11.

Chandar Choudhary, son of Late Dhanushdhari Choudhary, resident of Village-Bhawanathpur, Post Office-Rannu Chak Makandpur, Police StationAkbar Nagar, District-Bhagalpur. 12.

Indradev Choudhary, son of Late Uchit Lal Choudhary, resident of VillageBhawanathpur, Post Office-Rannu Chak Makandpur, Police Station-Akbar Nagar, District-Bhagalpur.

13.

Niranjan Choudhary, son of Late Uchit Lal Choudhary, resident of VillageBhawanathpur, Post Office-Rannu Chak Makandpur, Police Station-Akbar Nagar, District-Bhagalpur.

14.

Birendra Choudhary, son of Late Unchit Lal Choudhary, resident of VillageBhawanathpur, Post Office-Rannu Chak Makandpur, Police Station-Akbar Nagar, District-Bhagalpur.

Patna High Court MJC No.2089 of 2023(3) dt.12-07-2024 2/3 15.

Nakul Choudhary, son of Late Unchit Lal Choudhary, resident of VillageBhawanathpur, Post Office-Rannu Chak Makandpur, Police Station-Akbar Nagar, District-Bhagalpur.

16.

Sikandar Choudhary, son of Late Bachhalal Choudhary, resident of VillageBhawanathpur, Post Office-Rannu Chak Makandpur, Police Station-Akbar Nagar, District-Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Yadav For the Opposite Party/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-07-2024 Heard the parties.

2. This application has been filed for initiation of contempt proceeding against the opposite parties for noncompliance of the order dated 16.11.2022 passed in CWJC No. 3406 of 2022 for willful and deliberate disobedience of the order aforesaid in which direction was given to the petitioner to file an application before the concerned Land Acquisition Rehabilitation and Resettlement Authority ("LAARA") within 60 days and thereafter the matter shall be heard on its merit after condoning the delay and shall be disposed of within six months from the date of passing of the order by "LAARA" in accordance with law after hearing the parties. "LAARA" has passed an order against the petitioner.

3. Once the "LAARA" has finally decided the case saying that the case was not maintainable in "LAARA", the

Patna High Court MJC No.2089 of 2023(3) dt.12-07-2024 3/3 same can be challenged in appropriate proceeding before appropriate Court/forum.

4. No case of contempt is made out.

5. This application is disposed of with liberty to the petitioner to challenge the order of "LAARA". (Sandeep Kumar, J) Saif/- U T