Gajendra Dwivedi v. The State Of Bihar Through Dayanidhan Pandey, Director The Land Development Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4405 of 2024 In Civil Writ Jurisdiction Case No.4333 of 2024 ====================================================== Gajendra Dwivedi S/o Late Abadh Dwivedi, R/o Village Pirokhar, P.S. Madhawapur, District Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through Dayanidhan Pandey, Director the Land Development Department Govt. of Bihar, Patna. 2.

Sh. Manoj Kumar Pandey, the Project Director, the National Highway Authority of India Professor Colony Dighi West Darbhanga. 3.

Manish Kumar, the Arbitrator Cum Commissioner Darbhanga. 4.

Arvind Kumar Verma, the District Magistrate, Madhubani. 5.

Upendra Thakur, the Land Acquisition Officer, Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Murari, Adv.

For the State :

Mr. J.K. Rai, Adv.

For the NHAI :

Dr. Iti Suman, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2025 Heard Mr. Krishna Murari, learned counsel for the petitioner, Mr. J.K. Rai, learned State Counsel and Dr. Iti Suman representing the National Highway Authority of India.

2. The present application has been filed:

for initiation of contempt proceeding against the Opposite Parties for willful violation of the order dated 25.06.2024 passed in CWJC No. 4333/2024 by Hon'ble Mr. Justice Rajiv Roy.

3. Pursuant to the last order, the show cause of the District Land Acquisition Officer, Madhubani has been filed, the

Patna High Court MJC No.4405 of 2024(4) dt.11-04-2025 2/2 order has been passed and a copy has been provided to the petitioner as also the NHAI.

4. The order was passed on 16.11.2024, the same was neither communicated to the petitioner nor the NHAI. Paragraph 10 of the show cause shows that an application was filed by the petitioner on 16.11.2024 and a certified copy was delivered on 27.02.2025. The statement made by the opposite party is disturbing, neither the order is communicated nor the same is handed over for next 90 days which clearly shows that there is complete dereliction of duty on the part of the opposite parties. It is not the case of the officer who has put the show cause on affidavit that for such delay, an appropriate show cause has been handed over to the office staffs.

5. Mr. J.K. Roy, learned State Counsel submits that he has personally informed all the concerned officials to ensure that the same is not repeated in future.

6. Accepting the words and since the order has already been handed over to learned counsel for the petitioner, MJC No. 4405 of 2024 stands disposed of.

(Rajiv Roy, J) Vijay Singh/- U