Pandav Yadav And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2010 of 2018 In Civil Writ Jurisdiction Case No.692 of 2017 1.
Pandav Yadav son of Late Kishun Yadav resident of Village BajitpurChhipalia, P.S. Bahadurpur, District Darbhanga. 2.
Hit Lal Yadav son of Late Jagat Yadav resident of Vill Balha, P.S. Ashok Paper Mill, District Darbhanga.
3.
Ram Kripal Yadav son of Late Asharfi Yadav resident of village Ganj Bajitpur, P.S. Bahadurpur, District Darbhanga. 4.
Uchitlal Yadav son of Late Chalitar Yadav resident of Village Dhoi-navtol, P.O. Dhoi, P.S. Sadar, District Darbhanga.
5.
Ram Chandra Mandal son of Late Tilak Mandal resident of Village BajitpurChhipalia, P.S. Bahadurpur, District Darbhanga. 6.
Shatrughan Yadav son of Late Mahavir Yadav resident of village Bela - Yakub, P.O. Kabirchak, P.S. Bahadurpur, District Darbhanga. 7.
Lakshmi Paswan son of Late Raghunath Paswan resident of Village Bajitpur, P.S. Bahadurpur, District Darbhanga.
8.
Phuldeo Yadav son of Late Sita Ram Yadav resident of Village Ganj Bajidpur, P.S. Bahadurpur, District Darbhanga. Tani Lal Yadav son of Late Asharfi Yadav resident of Village Ganj Bajitpur, P.S. Bahadurpur, District Darbhanga.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Arun Kumar Singh, the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.
3.
Amir Subhani, the Principal Secretary, General Administration Department, Govt. of Bihar, Patna.
4.
The Joint Secretary, Water Resources Department, Bihar, Patna. 5.
N.R. Sriniwas, the Commissioner, Darbhanga.
6.
Chandrasekhar Singh, the Collector, Darbhanga. 7.
Ram Pukar Ranjan, the Engineer-in-Chief Irrigation Creation, Water Resources Department, Patna.
8.
Md. Shamim Akhtar Mallik, the Chief Engineer, Irrigation Creation, Water Resources, Darbhanga.
Paras Nath Singh, the Executive Engineer, Western Koshi Canal Division, Darbhanga.
10.
The Sub-Divisional Engineer, Western Koshi Canal Sub Division - 1, Darbhanga.
11.
Kulanand Pandit, the Sub-Divisional Engineer, Western Koshi Canal Mechanical Sub Division, Darbhang
2/4 12.
Suman Kumar, the Dy Collector, Estb. Darbhanga. 13.
Vinod Prasad, the District Welfare Officer, Darbhanga. 14.
Kari Prasad Maht, the DDC Darbhanga.
... ... Opposite Party/s with CIVIL REVIEW No. 142 of 2019 In Civil Writ Jurisdiction Case No.692 of 2017 1.
The State Of Bihar Through the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.
2.
The Principal Secretary General Administration Department, Govt. of Bihar, Patna.
3.
The Joint Secretary Water Resources Department, Bihar, Patna. 4.
The Commissioner Darbhanga.
5.
The Collector Darbhanga.
6.
The Engineer- in- Chief Irrigation Creation Water Resources Department, Patna.
7.
The Chief Engineer Irrigation Creation, Water Resources, Darbhanga. 8.
The Executive Engineer Western Koshi Canal Division, Darbhanga. The Sub- Divisional Engineer Western Koshi Canal Sub- Division-1, Darbhanga.
10.
The Sub- Divisional Engineer Western Koshi Canal Mechanical SubDivision, Darbhanga. ... ... Petitioner/s
Versus
1.
Pandav Yadav Resident of Village Bajitpur- Chhipalia, P.S.- Bahadurpur, District- Darbhanga.
2.
Hit Lal Yadav Resident of Village Balha, P.S.- Ashok Paper Mill, DistrictDarbhanga. 3.
Ram Kripal Yadav Resident of Village Ganj Bajitpur, P.S.- Bahadurpur, District- Darbhanga.
4.
Uchitlal Yadav Resident of Village- Dhoi- navtol, P.O.- Dhoi, P.S.- Sadar, District- Darbhanga.
5.
Ram Chandra Mandal Resident of Village Bajitpur- Chhipalia, P.S.- Bahadurpur, District- Darbhanga.
6.
Shatrughan Yadav Resident of Village Bela- Yakub, P.O. Kabirchak, P.S.- Bahadurpur, District- Darbhanga.
7.
Lakshmi Paswan Resident of Village- Bajitpur, P.S.- Bahadurpur, DistrictDarbhanga. 8.
Phuldeo Yadav Resident of Village- Ganj Bajitpur, P.S.- Bahadurpur,
3/4 District- Darbhanga.
Tani Lal Yadav Resident of Village- Ganj Bajitpur, P.S.- Bahadurpur, District- Darbhanga.
... ... Opposite Party/s Appearance :
(In Miscellaneous Jurisdiction Case No. 2010 of 2018) For the Petitioner/s :
Mr.Amarendra Narayan, Advocate For the Opposite Party/s :
Mr.Vinay Kirti Singh - G A 2 (In CIVIL REVIEW No. 142 of 2019) For the Petitioner/s :
Mr.Kunal Tiwary, Advocate For the Opposite Party/s :
Mr.
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-04-2026 Heard Mr.Amarendra Narayan, learned counsel for the petitioners and Mr. Kunal Tiwary, learned counsel for the State.
2. The present petition has been preferred for the following relief/s:
(i) for initiation of contempt proceeding against the opposite parties and for appropriate orders on their willful disobedience and non-compliance of the orders/directions of the Hon'ble Court dated 7.7.17 passed in CWJC No.692 of 2017;
3. This Court has taken note of the order passed by a committee headed by the District Magistrate, Darbhanga by memo no. 403 dated 19.03.2018 and brought on record as Annexure-F to the show cause filed on behalf of the opposite
4/4 party nos. 2 and 5 to show that they took up the matter and rejected the claim of the petitioners.
4. This Court is of the opinion that an order has been passed, the petitioners if so want, can challenge the same by filing an appropriate petition.
5. Further, if such petition is filed, it is to be taken note of that in view of the legitimate expectation due to pendency of the present contempt petition for the last eight years, as the same could not be filed in time, the delay in filing the writ petition.
6. In that background, it has to be considered accordingly. Both the MJC No. 2010 of 2018 and the C.Rev. No. 142 of 2019 is/are disposed of with the aforesaid observation.
(Rajiv Roy, J) Ravi/- U