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Patna High CourtMJC/1856/2019dismissed

Bikram Pratihasta v. The State Of Bihar

2026-07-31Mr. Justice Ritesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1856 of 2019 In Civil Writ Jurisdiction Case No.15559 of 2016 ====================================================== 1.

Bikram Pratihasta S/o Upendra Pratihasta Vill.- Kalyanpur, P.s.- Bibhutipur, Distt.- Samastipur 2.

Vikash Pratihasta S/o Upendra Pratihasta Vill.- Kalyanpur, P.s.- Bibhutipur, Distt.- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Road Construction Department, Govt. of Bihar, Patna 2.

Amrit Lal Meena the Principal Secretary, Road Construction Department, Govt. of Bihar, Patna 3.

Chandrashekhar Singh The District Magistrate, Samastipur 4.

Sunil Kumar the District Land Acquisition Officer, Distt.- Samastipur 5.

Suresh Singh the Circle Officer, Bibhutipur, Distt.- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Bihari Tiwary, Advocate For the Opposite Party/s :

Mr. Amit Prakash (Ga13) ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 31-07-2026 Heard the parties.

2. The present contempt petition has been filed for non-compliance of order dated 04.12.2018 passed in C.W.J.C. No. 15559 of 2026, whereby the writ petition was allowed with a direction to the petitioners to appear before the Land Acquisition Officer, Samastipur, who in turn was directed to dispose of the objection filed by the petitioners/their father and it was directed that if it is found that the petitioners owned the land of Plot No. 5562, Area 1 kattha, 12 dhurs, out of which 16

Patna High Court MJC No.1856 of 2019(12) dt.31-07-2026 2/3 dhurs have been acquired, the Land Acquisition Officer shall make payment of compensation to the petitioners within four months from the date of filing of such petition.

3. The matter was heard on different dates and vide order dated 17.04.2026, while recording the facts of the case the State opposite parties were directed to file an affidavit, clarifying all the things within a period of three weeks and the matter was directed to be listed on 08.05.2026.

4. A second supplementary show cause has been filed on behalf of the opposite party nos. 3 & 4 on 13.05.2026, wherein the order dated 21.04.2019 passed in Miscellaneous Case No. 02/2018 by the District Land Acquisition Office, Samastipur has been brought on record. From perusal thereof, it would transpire that in view of the dispute of title over the land in question, the compensation amount has not been paid to any particular party and the matter was referred to the Presiding Officer, Land Acquisition Rehabilitation and Resettlement Authority, Darbhanga to proceed in the matter in terms of the provisions contained in Land Acquisition Rehabilitation and Resettlement Act, 2013.

5. It appears that an amount to the tune of Rs. 54,02,122/- has already been deposited by the opposite parties

Patna High Court MJC No.1856 of 2019(12) dt.31-07-2026 3/3 before the Land Acquisition Rehabilitation and Resettlement Tribunal, Darbhanga to make payment to the persons concerned, whose land have been acquired, after taking proper decision.

6. In view of the statement made in the second supplementary show cause filed on behalf of the opposite parties, this Court is satisfied that in view of the dispute between the parties and pendency of a Title Suit, the State authorities cannot make payment to the petitioners at this stage and an amount to the tune of Rs. 54,02,122/- has already been deposited before the Land Rehabilitation and Resettlement Tribunal, Darbhanga for making payment to the concerned persons after proper adjudication. Therefore, no contempt is made out at present.

7. Accordingly, the present contempt petition does not deserve to be proceeded with and is accordingly dismissed. (Ritesh Kumar, J) AjayMishra/- U