Upendra Singh v. Sri Dipak Kumar Singh, The Principal Secretary- Cum- Addl. Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3835 of 2025 In Civil Writ Jurisdiction Case No.10658 of 2025 ====================================================== Upendra Singh Son of Late Khush Nandan Singh Resident of MohallaKolhua Paigamberpur, Mithan Sarai, near Vivah Bhavan-cum Satsang Bhavan, P.S. - Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

Sri Dipak Kumar Singh, the Principal Secretary- cum- Addl. Chief Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna. 2.

Sri Saurav Jorwal, the District Magistrate, Motihari, East Champaran. 3.

Sri Mukesh Kumar Sinha, the Additional Collector, Motihari, East Champaran.

4.

Smt. Pooja Kumari, Deputy Collector, Land Reforms, Pakri Dayal, East Champaran.

5.

Smt. Ragini Kumari, the Circle Officer, Madhuban, East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mr.Standing Counsel 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-05-2026 Learned State counsel submits that he may be allowed to make the necessary correction as the show cause has been filed only by the opposite party no.05 ( and not opposite party nos. 02 to 05).

2. Heard the parties.

3. The present petition has been preferred for the following relief/s:

(i) for initiating a contempt of Count proceeding against the concerned opposite

2/5 parties For their wilful and deliberate disobedience of the order passed by this court dated 10.07.2025. in C.W.J.C. No.

10658 of 2025 by which the Hon'ble Court passed an order directing the petitioner to approach the respondent no. 4 and 5, namely, the District Collector Land Reforms, Pakri dayal, East Champaran as also the Circle Officer, Madhuban, East Champaran in the next two weeks who shall be dutybound to take the matter to its logical conclusion in next eight weeks.

4. Pursuant to the order dated 10.04.2026, the Deputy Collector, Land Reforms, Pakridayal, East Champaran, Ms. Sunidhi and the Circle Officer, Madhuban, East Champaran, Ms. Ragini Kumari Gupta are present in the Court.

5. So far as the show cause of D.C.L.R.,Pakridayal, East Champaran is concerned, with the help of different Annexures, it has been informed that she repeatedly informed the Circle Officer, Madhuban, East Champaran to act immediately as the contempt petition is pending but there was no response from the part of the Circle Officer, Madhuban, East

3/5 Champaran.

6. A show cause has come on behalf of the opposite party no.05, according to which on 01.08.2025 itself, taking into account the fact that the land in question do not belong to family of the petitioner in the revenue record and the Register-II does not bear the description of the land, the application was rejected on 09.09.2025.

7. The further incorporation is that the Circle Officer, Madhuban, East Champaran, has instituted Jamabandi Sudhar Case No. 03/2025-26 on 01.08.2025 and on the basis of report submitted by the revenue authorities that it is the Gairmazarua Aam land, the file has been sent to the office of the Additional Collector, East Champaran, Motihari with the recommendation to remove the land from the said Jamabandi.

8. Though the show cause shows that it has been sent on 05.08.2025, the letter no. 424 (ka) record that it has been issued on 08.08.2025.

9. Worse, only after this Court passed an order on 10.04.2026, the office of the Circle Officer, Madhuban, East Champaran, has sent it to the office Additional Collector, East Champaran, Motihari on 13.04.2026 as manifest from the file provided by the Circle Officer, Madhuban, East Champaran.

4/5

10. It is to be noted that the copies of the order/recommendation were never served upon the petitioner and the learned State counsel submits that it will be provided to the learned counsel for the petitioner today itself.

11. This Court has recorded the entire facts which clearly shows that there was no error on the part of the D.C.L.R.,Pakridayal, East Champaran while the Circle Officer, Madhuban, East Champaran has lots to explain.

12. However, the learned State counsel submits that this being her first fault, she be exonerated of the delay in either providing the order/recommendation to the petitioner and/or sending the file to the office of the Additional Collector on 13.04.2026.

13. This Court cautions Ms. Ragini Kumari Gupta, the Circle Officer, Madhuban, East Champaran to be careful in future and see to it that the purpose for which the State Government appointed and posted her at the said place, she takes care of that.

14. As the matter has now been sent to the office of the Additional Collector, East Champaran, the Court closes the contempt petition.

15. The personal appearance of Deputy Collector,

5/5 Land Reforms, Pakridayal, East Champaran, Ms. Sunidhi and the Circle Officer, Madhuban, East Champaran, Ms. Ragini Kumari Gupta stands dispensed with.

16. The MJC No. 3835 of 2025 is disposed of.

17. The Deputy Collector, Land Reforms, Pakridayal, East Champaran shall be ascertaining from the office of the Additional Collector, East Champaran whether the file in question alongwith the forwarding letter no. 424(ka) dated 08.08.2025 issued by the Circle Officer, Madhuban, East Champaran has been received in his/her office on 13.04.2026 or not. Thereafter, she shall be informing the learned State counsel in this regard by way of a letter, copy of which should be handed over to the learned counsel for the petitioner. (Rajiv Roy, J) Ravi/- U