Pramod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3034 of 2023 In Civil Writ Jurisdiction Case No.4658 of 2023 ====================================================== 1.

Pramod Kumar Singh Son of Late Ram Pravesh Singh, Resident of VillageBiseni Kalan, P.O. Biseni, P.S. Rajpur, District-Rohtas (Sasaram). 2.

Ashok Kumar Singh, son of Late Ram Pravesh Singh, Resident of VillageBiseni Kalan, P.O. Biseni, P.S. Rajpur, District-Rohtas (Sasaram). 3.

Binod Kumar Singh, son of Late Ram Pravesh Singh, Resident of VillageBiseni Kalan, P.O. Biseni, P.S. Rajpur, District-Rohtas (Sasaram). ... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. Brijesh Mehrotra, son of not known, The Principal Secretary, Revenue and Land Reforms, Bihar, Patna. 2.

Mr. Navin Kumar, son of not known the District Magistrate Rohtas at Sasaram.

3.

Mr. Anil Kumar sinha, son of not known the Sub Divisional Officer, Dehri, District-Rohtas at Sasaram.

4.

Mr. Ahsaan Ahmed, son of not known the Deputy Collector Land Reforms, Dehri, District-Rohtas at Sasaram.

5.

Mr. Jitendra Kumar Singh, son of not known the Circle Officer, Akorhi Gola, District-Rohtas at Sasaram.

6.

Mr. Vinit Kumar, son of not known the Superintendent of Police, Rohtas at Sasaram.

7.

Mr. Chandra Shekhar Sharma, son of not known the Station House Officer, Akorhi Gola, District-Rohtas at Sasaram.

8.

Nand Kumar Yadav, son of Late Kismat Yadav, resident of Village and P.O.- Tetaradh, P.S. Akorhi Gola, District-Rohtas at Sasaram. 9.

Ngeshwar Yadav, son of Late Kismat Yadav, resident of Village and P.O.- Tetaradh, P.S. Akorhi Gola, District-Rohtas at Sasaram. 10.

Shiv Kumar Yadav, son of Late Kismat Yadav, resident of Village and P.O.- Tetaradh, P.S. Akorhi Gola, District-Rohtas at Sasaram. 11.

Lallu Yadav, son of Late Kismat Yadav, resident of Village and P.O.- Tetaradh, P.S. Akorhi Gola, District-Rohtas at Sasaram. 12.

Raja Yadav, son of Late Kismat Yadav, resident of Village and P.O.-Tetaradh, P.S. Akorhi Gola, District-Rohtas at Sasaram. 13.

Chandan Kumar Singh, son of Late Suresh Singh, resident of Village and P.O.-Tetaradh, P.S. Akorhi Gola, District-Rohtas at Sasaram. 14.

Guddu Singh, son of Late Suresh Singh, resident of Village and P.O.- Tetaradh, P.S. Akorhi Gola, District-Rohtas at Sasaram. ... ... Opposite Party/s ======================================================

2/5 Appearance :

For the Petitioner/s :

Mr. Pranav Kumar, Advocate Ms. Shrishti Singh, Advocate For the Opposite Party/s :

Mr. Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 25-07-2025 Heard learned counsel for the petitioners and learned counsel for the opposite parties.

2. The instant application has been filed by the petitioners alleging violation of the directions contained in order dated 1.5.2023 passed in CWJC no.4658 of 2023.

3. Learned counsel for the petitioners submits that the instant application was disposed of by this Court giving observations and directions in the following terms :- "Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the averments made in the writ application, this writ application is disposed of directing the Circle Officer, Akorhigola, District Rohtas at Sasaram (respondent no.5) to proceed with the disposal of Measurement Case no.13 of 2021- 22 in accordance with law, issue notice to the necessary parties and after hearing the parties and carrying out the measurement of the land in question to dispose of the said measurement case at the earliest preferably within a period of four months from the date of receipt of this order.

3/5 It goes without saying that in case required, appropriate orders will be passed for measurement in presence of police personnel for which appropriate order/directions shall be made for payment of cost by the parties.

It is clarified that the Court has not gone into the merits of the case of the petitioners which will be decided by the Circle Officer concerned.

This writ application is disposed of with the above observations and directions."

4. Learned counsel for the opposite parties in reference to the show cause filed on behalf of the opposite party nos. 2 to 5 submits that the petitioner no.2 having filed an application before the Circle Officer, Measurement Case no.13 of 2021-22 was initiated and after hearing the parties, an order dated 23.8.2023 has been passed thereon. It is thus submitted that the order has been substantially complied. Further referring to the contents of the order, learned counsel submits that the subject matter of the writ application ie the land in question is also the subject matter of Title Suit no.1704 of 2022 pending in the Court of learned Sub Judge-I, Sasaram (Rohtas). It was for this reason that it was opined that it would not be proper to get the land measured which is being adjudicated upon in the

4/5 aforesaid title suit.

5. Learned counsel appearing for the petitioners submits that so far as the petitioners are concerned, they are not party to the said title suit and as such the directions of this Court contained in the order dated 1.5.2023 have not been complied with since the measurement of the land in question has not proceeded.

6. Having heard learned counsel for the parties and having perused the material on record, it transpires that on an application having been filed by the petitioners being CWJC no. 4658 of 2023, the application was disposed of vide order dated 1.5.2023 directing the Circle Officer (respondent no.5) to proceed with the disposal of the Measurement Case no.13 of 2021-22. This Court finds that vide order dated 23.8.2023, the Circle Officer has disposed of the Measurement Case no.13 of 2021-22.

7. In view of the facts and circumstances of the case, the measurement case having been disposed of, in the opinion of the Court, the directions contained in the order from which the instant contempt application arises has been substantially complied with and no contempt is made out.

8. The petitioner will be at liberty to challenge the

5/5 order passed by the Circle Officer in accordance with law.

9. The application stands disposed of.

(Partha Sarthy, J) Shiv/- AFR/NAFR CAV DATE Uploading Date 26.07.2025 Transmission Date