Amrit Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2962 of 2018 In Letters Patent Appeal No.1295 of 2013 ====================================================== Amrit Choudhary, Son of Late Kodan Choudhary, resident of VillageBhandari, P.O. Bhandari, P.S.- Belsand, District- Sitamarhi. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sri H.R. Srinivasa, the commissioner, Tirhut Division, Muzaffarpur. 3.

Dr. Ranjit Kumar Singh, the Collector, Sitamarhi, District- Sitamarhi. 4.

Sri Braj Kishore Sadanand, The Additional College, Sitamarhi. 5.

Sri Ram Araj Prasad Singh, Sub - Divisional Officer, Belsand, District - Sitamarhi 6.

The Deputy Collector, Land Reforms, Belsand Sub - Division, District - Sitamarhi.

7.

Sri Arvind Prasad Sahi, Circle Officer, Belsand, District Sitamarhi. 8.

Sahdeo Mahto, Son of Adhan Mahto, resident of Village- Bhandari, P.O. and P.S. Belsand, District Sitamarhi.

9.

Shanti Devi, Wife of Sahdeo Mahto, resident of Village- Bhandari, P.O. and P.S. Belsand, District Sitamarhi.

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

For the Petitioner/s :

Mr. Anil Chandra, Adv.

For the Opposite Party/s :

Mr.Md. Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-11-2019 The present application has been filed with following relief:- "That the present application is being filed for initiation of contempt proceeding against the opposite parties who have willfully disobeyed the order dated 14.02.2017 passed in L.P.A. No. 1295/2013

Patna High Court MJC No.2962 of 2018(3) dt.26-11-2019 2/2 (arising out of C.W.J.C. No. 16561 of 2012) in which the Hon'ble Mr. Justice Ajay Kumar Tripathi and Hon'ble Justice Smt. Nilu Agrawal was pleased to dismiss the appeal filed by the appellant Sahdeo Mahto and confirmed the order dated 06.09.2012 passed in C.W.J.C. No. 16561 of 2012."

It is not in dispute that the directions, contained in the judgment dated 14.02.2017, passed in L.P.A. No. 1295 of 2013 was not promptly complied with by the respondent authorities, but however, at this point of time, since the suit with regard to title is pending adjudication, as such, inaction on the part of the authority in taking appropriate action cannot be said contemptuous.

Accordingly, the instant application stands dismissed. (Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) Amrendra/DKS U