Amit Kumar v. The State Of Bihar Through Deepak Kumar Singh, Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3338 of 2025 In Civil Writ Jurisdiction Case No.3215 of 2024 ====================================================== 1.

Amit Kumar S/o Sri Baidhnath Chaudhary, R/o Village-Hariprasad, Bishanpur Khem, P.O.-Madai, P.S.-Jandaha, District-Vaishali. 2.

Umesh Chaudhary, Son of Late Ram Shobhit Chaudhary, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. 3.

Narendra Chaudhary, Son of Shivchandra Chaudhary, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. 4.

Pawanesh Jha, Son of Rambahadur Jha, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. 5.

Sunaina Devi, Wife of Rajendra Prasad, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. 6.

Upendra Chaudhary, son of Late Ambika Chaudhary, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. 7.

Suman Chaudhary, Son of Late Triveny Chaudhary, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. 8.

Ajay Chaudhary, son of Late Vishwanath Chaudhary, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. 9.

Amresh Chaudhary, Son of Bishundev Chaudhary, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. 10.

Ankit Chaudhary @ Ankit Kumar, son of Sri Ramesh Chaudhary, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali.

11.

Nandlal Chaudhary, Son of Late Bashishth Chaudhary, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. 12.

Manoj Choudhary, Son of Sri Nageshwar Chaudhary, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. 13.

Sarvan Chaudhary, Son of Late Ramadhary Chaudhary, Resident of village - Hariprasad, Bishanpur Khem, P.O. Madai, P.S. Jandaha, District - Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through Deepak Kumar Singh, Principal Secretary Department of Revenue and Land Reforms, Govt. of Bihar, Patna. 2.

Arun Kumar Singh, The Director, Directorate of Land Acquisition, Govt. of Bihar, Patna.

3.

Varsha Singh, The District Magistrate cum Collector, Vaishali at Hajipur. 4.

Rakhi Kumari, The District Land Acquisition Officer, Vaishali at Hajipur. 5.

Nishant Kumar, The Circle Officer, Circle Jandaha, District Vaishali at Hajipur.

... ... Opposite Party/s

2/4 ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Opposite Party/s :

AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2025

1. Heard learned counsel for the petitioners and learned AC to SC-23 for the State.

2. The learned counsel appearing on behalf of the petitioners submits that in compliance of the order dated 28.11.2025, a supplementary affidavit has been filed wherein it has been specifically pleaded that Amit Kumar had signed on the affidavit and Vakalatnama.

3. It is submitted that petitioner is aware of the consequences in the event if subsequently even it is found that the supplementary affidavit was sworn with incorrect facts.

4. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the defect, as pointed out by the office, is hereby ignored.

5. 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 their willful and deliberate violation of the order dated 24.04.2025 in CWJC No. 3215 of 2024 whereby the writ application was disposed of with a direction to the concerned

3/4 authorities of Rural Works Department to ensure that the payment of compensation to the petitioners for their acquired land is paid within a period of 45 days from the date of receipt/production of a copy of the order, in terms of the instruction sought by the learned State counsel from the Executive Engineer, Works Division, Mahnar in accordance with law.

6. The learned counsel for the petitioners submits that out of 13 petitioners herein, payment of compensation of acquired land has been paid to 12 petitioners except petitioner no. 8 (Ajay Chaudhary).

7. The learned counsel appearing on behalf of the State, at this stage, submits that a show cause on behalf of O.P. No. 3 to 5 has been filed wherein at Para-4 it has been stated that the answering respondents have processed the claims of the beneficiaries whose documents were found complete and payment has already been disbursed to the land owners mentioned in Annexure-A. It is further submitted by the learned State counsel that he has also received instruction from the office of the District Magistrate, Vaishali wherein it has been stated that compensation to petitioner no. 8 could not be given, as he did not submit his LPC, PAN Card Aadhaar Card and bank

4/4 passbook. It is also submitted that the moment the relevant documents are submitted by the petitioner no. 8, the compensation for his acquired land shall also be disbursed.

8. The learned counsel for the petitioners fairly submits that petitioner no. 8 has not submitted the aforesaid documents.

9. After hearing the learned counsel for the parties, the Court is not inclined to proceed with the contempt application any further, as payment to 12 land owners had already been made and the learned State counsel, based on instruction, has fairly submitted that in the event if the relevant documents are submitted by petitioner no. 8 in that event his compensation amount shall also be disbursed.

10. The contempt application is, thus, dismissed. (Satyavrat Verma, J) Rishabh/- U