Laxmi Mahto And ANR v. The State Of Bihar Through The Collector, Madhubani And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3207 of 2018 In Civil Writ Jurisdiction Case No.18808 of 2017 ======================================================
1. Laxmi Mahto, Son of Late Gaunar Mahto
2. Devendra Prasad, Son of Ram Sundar Mahto Both residents of Village - Kona Patti, Lakhnaur, P.S. - Lakhnaur, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Madhubani
2. Sri Shirshat Kapil Ashok, the Collector, Madhubani.
3. Md. Alikuddin Ansari, the District Land Acquisition Officer, Madhubani.
4. Sri Rohit Kumar, the Circle Officer, Lakhnaur Circle, District - Madhubani.
5. Dr. Sudhir Kumar Sinha, the Chief Medical Officer-cum-Civil Surgeon, Madhubani.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.Md. Khurshid Alam - Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2019 Nobody appeared on behalf of the petitioners. Learned counsel for the State filed show-cause. The petitioners filed this contempt petition for initiation of contempt proceeding for violation of order dated 02.04.2018 passed in C.W.J.C. No.18808 of 2017 by which this court directed the opposite parties not to construct any Referral Hospital on Revisional Survey Plot Nos.468, 469, 470, 471, 472, 473, 474, 475, 476 and 477 which were carved out from C.S. Khata No.590, C.S. Khesra No.307, Area 2 bigha 9 katha 5 dhur.
Learned counsel for the State submits that L.A. Case
Patna High Court MJC No.3207 of 2018(5) dt.30-01-2019 2/2 No.V-472 of 1986-87 was initiated for acquisition of lands and the land of C.S. Plot No.307, Khata No.590 was acquired and the father petitioner no.2 and other persons have already received compensation for acquisition of land under the Land Acquisition Act but the petitioners concealed this fact that the land on which Referral Hospital is being constructed has been acquired in the Land Acquisition Case No.V-472 of 1986-87. Having considered the facts aforesaid, I find no case is made out for initiation of contempt proceeding. Accordingly, this contempt petition is dismissed.
(Prabhat Kumar Jha, J) Harish/- U