Chandradeo Paswan vs The State of Bihar
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.570 of 2023
In
Letters Patent Appeal No.941 of 2023
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Chandradeo Paswan Son of Late Rameshwar Paswan, Resident of New
Purandarpur, Near Jakkanpur, P.O.- G.P.O., P.S.- Jakkanpur, District- Patna.
... ... Appellant/s
Versus
1. The State of Bihar through the District Magistrate, Patna.
2. The District Magistrate, Patna.
3. The Senior Superintendent of Police (SSP), Patna.
4. The Sub Divisional Magistrate, Patna Sadar, Patna.
5. The Circle Officer, Sadar, Patna.
6. The Officer-in-Charge, SHO, Jakkanpur, Police Station, Patna.
7. Dwivedy Surendra, Advocate Son of Sheo Pratap Dubey, Resident of Shiv
Shanti, Plot NO. - B/10, Road No. 0 1, Vivek Bihar, Hanuman Nagar,
Kankarbagh, Patna, P.O.- Lohiya Nagar, P.S.- Patrakar Nagar, District-
Patna.
8. Naru Datta Son of Gauri Datta, Resident of New Purandarpur, Near Petrol
Pump, Patna, P.S.- Jakkanpur, District- Patna.
9. Jaydeep Datta Son of Madan Datta, Resident of New Purandarpur, Near
Petrol Pump, Patna, P.S.- Jakkanpur, District- Patna.
10. Tul Tul Datta Son of Madan Datta, Resident of New Purandarpur, Near
Petrol Pump, Patna, P.S.- Jakkanpur, District- Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Jagjit Roshan, Advocate
Mr. Anjani Kumar, Advocate
For the State : Mr.P.K. Verma ( Aag 3 )
For the Respondent No. 7 : Mr. Awadhesh Kumar Mishra, Advocate
For the Respondent No. 8 to 10 : Mr. Rajeev Ranjan Sinha, Advocate
Mr. Vikash Raj, Advocate
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL JUDGMENT
Patna High Court MA No.570 of 2023 dt.09-07-2026
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(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
Date : 09-07-2026
The instant miscellaneous appeal is directed
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assailing an order dated 26 April, 2023 upon an application of
contempt bearing M.J.C Case No. 872 of 2023 in C.W.J.C No.
224 of 2022 passed by the learned Single Judge of this Court.
The order dated 26.04.2023 reads as follows.
“ Heard the parties.
The Sub-Divisional Magistrate, Patna Sadar
Sri Shrikant Khandekar has personally appeared in
the Court along with the records of the case.
I have gone through the records of the case
and the order sheets.
From the order sheets it appears that final
order has been passed in a bala-bala manner
without hearing the parties, particularly the
petitioner.
The Sub-Divisional Magistrate, Patna Sadar is
directed to take corrective steps in accordance with
law and pass a fresh order after hearing both the
parties.
List this case after three weeks.
The personal appearance of the Sub-
Divisional Magistrate, Patna Sadar is dispensed
with for the present.”
2. It is not in dispute that the contempt application was
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filed on 24 March, 2023 against an interim order passed by the
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another Bench of the learned Single Judge during the pendency
of the writ application. Subsequently, the writ petition was
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disposed of on 3 January, 2023 by the following order :-
“Both the parties at Bar have agreed
that proceeding under Section 147 Cr.P.C. has been
initiated by the S.D.M., Patna Sadar, Patna and
opposite parties have appeared and filed their
show- cause.
Mr. Awadhesh Kumar Mishra, learned
counsel for the petitioner submits that pursuant to
the order passed by this Court measurement of the
subject land was done and report of Circle Officer,
Sadar, Patna has been submitted.
In view of the aforesaid position,
learned S.D.M., Patna Sadar, Patna is directed to
dispose the proceedings under Section 147 Cr.P.C.
within a period of two months positively.
It goes without saying that if any
encroachment is found upon the subject land, the
authority concerned shall proceed in accordance
with law for removal of encroachment.
Accordingly, this writ application
stands disposed of.”
3. The preliminary question that arises before this
Court is as to whether after disposal of the writ petition a
contempt application is maintainable against an interim order .
Practically, on disposal of the writ petition all interim orders
Patna High Court MA No.570 of 2023 dt.09-07-2026
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merged with the final order. Therefore, while passing the final
order the learned Single Judge has rightly recorded:-
“ It goes without saying that if any
encroachment is found upon the subject land, the
authority concerned shall proceed in accordance
with law for removal of encroachment.”
4. It is submitted by the learned Advocate for
private respondent No. 7 that the land measuring about 1 kattha,
1 dhur and 4 dhurki is owned by a practicing learned Advocate
of this Court. The appellant allegedly constructed a khatal on the
said land. The said khatal was reportedly removed. Thereafter,
the owner of the land enclosed the land by constructing a
boundary wall, but the appellant has put up an obstruction on
the road leading to the said land.
5. On the contrary, the said submission was refuted
by the learned Advocate for the appellant. His main grievance is
as to whether after disposal of the writ petition finally vide order
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dated 3 January, 2023, the contempt application for non-
implementation of an interim order passed in the said writ
petition is maintainable or not. We are of the considered view
that the contempt application bearing M.J.C No. 872 of 2023 is
not at all maintainable and the learned Single Judge had no
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authority to pass the impugned order dated 26 April, 2023. We
have come to know that after passing of the final order in the
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writ petition on 3 January, 2023, the learned S.D.M disposed
off the application under Section 147 of the Cr.P.C. in the light
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of the direction passed in the writ petition on 26 June, 2023.
Against the said order the appellant moved in revision and the
revision application was allowed in his favour.
6. We are of the considered view, that when writ
petition is disposed of no contempt application is maintainable
against the interim order passed in the writ petition during its
pendency. We have also reservation on the language used by the
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learned Single Judge in the order dated 26 April, 2023 where
he recorded :-
“From the order sheets it appears that final
order has been passed in bala-bala manner without
hearing the parties, particularly the petitioner.”
7. “What is bala-bala ” this language is unwarranted
to be used by a learned Single Judge in a judicial order, be it
right or wrong. However, since we find that the contempt
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application against the interim order and final order dated 26
April, 2023 passed in the contempt application challenging non-
compliance of an interim order being not maintainable, the
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instant appeal is allowed.
8. It is submitted by the learned Advocate for the
respondent No. 7 that another application under Section 166 of
B.N.S.S is pending before the learned S.D.M and the appellant
has also entered appearance.
9. The learned SDM is directed to dispose of the
said application within two months from the date of
communication of this order after taking evidence of the parties
that may be filed before him by way of affidavit.
(Bibek Chaudhuri, J)
(Rana Vikram Singh, J)
Rakesh/ Prakash
AFR/NAFR
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