IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1603 of 2010 Awadhesh Kumar Singh son of Subh Narayan Singh, resident of village Inaitpur, Tole- Pilui, PS Daudpur, District Saran at Chapra ..Petitioner Versus 1. State of Bihar 2. Sri S. Sheo Kumar, Commissioner, Saran Division, Saran at Chapra 3. Sri Lokesh Kumar Singh, Collector, District Saran at Chapra 4. Sri Madanjee Pandey, Addl. District Magistrate, Saran at Chapra 5. Sri Sanwar Bharti, Sub-divisional Officer, Sadar, District Saran at Chapra 6. Sri Sanwar Bharti, Dy. Collector, Land Reforms, Sadar, District Saran at Chapra 7. Sri Binay Kumar Thakur, Block Development Officer, Manjhi block, District Saran at Chapra 8. Sri Binay Kumar Thakur, Circle Officer, Manjhi block, District Saran at Chapra 9. Sri Ashok Kumar Mishra, Revenue Karmchari, Circle Manjhi, Inaitpur Panchayat, District Saran at Chapra 10. Sri Vishnudeo Singh, Panchayat Sewak, Block- Manjhi, Inaitpur Panchayat, District Saran at Chapra opposite parties ---------------------------------- With Miscellaneous Jurisdiction Case No.357 of 2011 Mukti Nath Singh, S/o Sri Subh Narayan Singh, resident of village Enayatpur, Tola- Pilue, P.O+ PS Daudpur, District Saran at Chapra Versus 1. State of Bihar 2. Anusuli Arya, Commissioner, Saran Division, Saran at Chapra 3. Kuldip Narayan, Collector, District Saran at Chapra 4. Tarni Das, Addl. District Magistrate, Saran at Chapra 5. Binay Kumar Pandey, Sub-divisional Magistrate, Sadar, District Saran at Chapra 6. Sudhansu Kumar Chaubey, Dy. Collector, Land Reforms, Sadar, District Saran at Chapra 7. Sri Chandeshwar Thakur, Block Development Officer, Manjhi block, District Saran at Chapra 8. Shivjee Singh, Circle Officer, Manjhi block, District Saran at Chapra 9. Ashok Kumar Mishra, Revenue Karmchari, Circle Manjhi, Inaitpur Panchayat, District Saran at Chapra 10. Vishnudeo Singh, Panchayat Sewak, Block- Manjhi, Inaitpur Panchayat, District Saran at Chapra 11. Awadhesh Kumar Singh ......opposite parties ---------------------------------- 11 20-10-2011 Heard the parties. These two contempt applications have been preferred by two brothers, Awadhesh Kumar Singh and 2 Mukti Nath Singh raising a grievance against the State and its officials that they have not acted in accordance with judgement and order of this court dated 17-11-09 passed in LPA no. 701 of 2007. The relevant direction is in paragraph 6 of the said judgement by which the Division Bench took the view that the State had rightly offered to pay market price of 96 decimals of land out of plot no. 2533 and directed that the present market price should be determined and paid to the respondents at the earliest and in any case within three months failing which it shall carry interest at the rate of 15% per annum. During the pendency of these contempt applications the State and its officials made their own enquiries and on that basis they paid an amount of Rs. 27,36,000/- on 5-3-2011 to petitioner Awadhesh Kumar Singh against the claim of Mukti Nath Singh for half share in that money. The present dispute is now mainly between the two brothers as to who is/ was entitled to receive the amount in question for 96 decimals of land out of 3 plot no. 2533. The State has filed detailed show cause and supplementary show cause to show that it made bonafide enquiries and since two sale deeds dated 14-2-1966 and 29-2-1968 were in the name of Awadhesh Kumar Singh and since the Revenue records showed the land to be in his name for which rent was also being paid in his name, it had no option but to pay the amount to Awadhesh Kumar Singh. On behalf of Mukti Nath Singh the stand of the State was strongly contested. It was claimed that the property was purchased when Awadhesh Kumar Singh was minor and, hence, it is a family property in which Mukti Nath Singh has a share. This stand of Mukti Nath Singh has been contested on behalf of Awadhesh Kumar Singh who has taken a plea that subsequently there was a partition in the family on account of which this land fell in the share of Awadhesh Kumar Singh and, therefore, it stands recorded in his name for which he is paying rent. It was further submitted that since Mukti Nath Singh felt genuine difficulties in establishing that he has share in the said land, he has filed a declaratory suit 4 bearing No. 260/2010 in the court of Sub Judge I, Chapra and the same is still pending. Considering the aforesaid facts and particularly the fact regarding pendency of a title suit preferred by Mukti Nath Singh after the judgement and order of this court dated 17-11-2009, we are of the considered view that Mukti Nath Singh should be left free to pursue his claim in the pending suit in which he may either claim consequential reliefs in respect of share for the land mentioned above on account of his claim over the land or else he may pursue his remedy for claiming half share in the money through appropriate proceeding before the Civil Court. This view we have taken because the issue involves disputed question of facts which have to be determined in the light of large number of documents and evidence which may be adduced by the parties. In the facts and circumstances of the case, two intervention applications preferred by different persons raising grievance against the family of Awadhesh Kumar Singh and Mukti Nath Singh that they have encroached upon their property rights, we 5 leave the interveners also to pursue their claim in title suit which is said to be pending since 2003. In a contempt proceeding of present nature, we do not consider it proper to consider the claim of the interveners. So far as action of the State is concerned, we find that they have acted bonafide and even if their conclusions are ultimately not found correct by the Civil Court, they cannot be held guilty of any deliberate disobedience of this court’s order. Hence, both the contempt applications are finally disposed of with the directions and liberty mentioned above. Mukti Nath Singh will be at liberty to approach the court concerned for expeditious disposal of the suit. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)