Md. Shabbi Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2734 of 2023 In Civil Writ Jurisdiction Case No.29 of 2023 ====================================================== 1.

Md. Shabbi Alam son of Late Md. Khaliluddin, resident of Village-Paharpur Bazar, Simri Bakhtiyarpur, P.S.-Bakhtiyarpur, District-Saharsa. 2.

Md. Ebrahim, Son of Wasimuddin, resident of Village-Paharpur Bazar, Simri Bakhtiyarpur, P.S.-Bakhtiyarpur, District-Saharsa. 3.

Mustak Alam, Son of Late Salimuddin, resident of Village-Paharpur, P.S.- Bakhtiyarpur, District-Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Brijesh Mehrotra, son of not known to the petitioner, the Principal Secretary, Land Acquisition Department, Bihar, Patna.

2.

Mr. Vaibhav Chaudhary, the Collector cum District Magistrate, Saharsa. 3.

Mr. Ravindra Kumar, The District Land Acquisition Officer, Saharsa. 4.

Mr. Krishna Kumar, The Circle Officer, Simri Bakhtiyarpur Circle, P.S.- Bakhtiyarpur, District-Saharsa.

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

For the Petitioner/s :

Mr.Ratan Kumar, Adv For the Opposite Party/s :

Mr.Md. Khurshid Alam (Aag 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2024 Learned counsel for the petitioners and learned counsel for the State are present.

2. The present M.J.C. application has been filed for initiating contempt proceeding against the opposite parties for disobeying the order dated 19.06.2023 passed by this Hon'ble Court in C.W.J.C No. 29 of 2023 (Md. Sabbir Alam and Ors. Vs. The State of Bihar and Ors.)

3. Learned counsel for the petitioners submits that

Patna High Court MJC No.2734 of 2023(4) dt.13-09-2024 2/2 there was a categorical direction to the petitioners to file representation before the authority concerned who was directed to pass appropriate order on the representation filed by the petitioners within six weeks.

4. Counsel for the State submits that in compliance of the order dated 19.06.2023 passed in C.W.J.C. No. 29 of 2023, the concerned authority has passed the order dated 27.09.2023 which is annexed as Annexure-B Series to the show-cause filed on behalf of the Respondent No. 2 to 4.

5. In response thereof, counsel for the petitioners submits that the order passed by the District Magistrate, Saharsa is not in accordance with direction made in C.W.J.C. No. 29 of 2023.

6. Accordingly, the present M.J.C. application stands disposed off with liberty to the petitioners that if they are aggrieved by the order passed by the District Magistrate, Saharsa, they may challenge the same before the appropriate forum.

(Dr. Anshuman, J) Sunnykr/- U