IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1409 of 2017 In Civil Writ Jurisdiction Case No.269 of 2016 ====================================================== Rajesh Jain, S/o Sri Moti Lal Jain, resident of Ward No. 38, Jain Mandir Lane, Police Station - Kotwali, Town and District - Bhagalpur. ... ... Petitioner/s Versus 1. The State Of Bihar through Mr. Chaitanya Prasad, The Principal Secretary Cum Commissioner, Department of Urban Development, Government of Bihar. 2. The Bhagalpur Municipal Corporation through Mr. Avanish Kumar Singh, the Commissioner, Bhagalpur. 3. Mr. Avanish Kumar Singh, the Commissioner, Bhagalpur Municipal Corporation, Bhagalpur. 4. Mr. Aadesh Titarmare, the District Magistrate, Bhagalpur. 5. Mr. Sunil M. Khopde, the Inspector General of Police, Bhagalpur. 6. Mr. Vikash Baibhav, the Deputy Inspector General of Police, Bhagalpur. 7. Mr. Manoj Kumar, the Senior Superintendent of Police, Bhagalpur. 8. Sunita Devi Santhalia, Wife of Ratan Santhalia, Resident of Marwari Tola Lane, Police Station - Kotwali Town and District - Bhagalpur. 9. Ratan Kumar Santhalia, son of Late Satyanarayan Santhalia, Resident of Marwari Tola Lane, Police Station - Kotwali Town and District - Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pritish Kumar Lal, Adv. For the O.P. Nos. 2 & 3 : Mr. Manoj Kumar Sinha, Adv. For the O.P. Nos. 8 & 9 : Mr. Binod Kumar Sinha, Adv. For the State : Mr.Yogendra Prasad Sinha - AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 6 13-08-2026 Heard the parties. 2. Learned counsel appearing for O.P. Nos. 2 and 3 submits, while referring to paragraph No. 5 of the show-cause filed by O.P. No. 3, that in compliance with the order dated 06.09.2017 passed by this Court in CWJC No. 269 of 2016, re- Patna High Court MJC No.1409 of 2017(6) dt.13-08-2026 2/3 measurement and videography were conducted afresh on 14.10.2017 in the presence of the concerned parties. He further submits that, after examining the evidence and materials produced by the parties, a report has been prepared and enclosed as Annexure- A, which may be perused. 3. Learned counsel appearing for the petitioner submits that he is not satisfied with Annexure-A pertaining to the fresh measurement. 4. Having gone through Annexure-A and taken into account the statements made by opposite party No. 3 in its show-cause, I find no reason to initiate contempt proceedings against the opposite parties, as the petitioner has failed to make out a case of disobedience of the order dated 06.09.2017 passed by this Court. Further, as submitted by learned counsel appearing for opposite party Nos. 2 & 3, Title Suit No. 417 of 2015 is also pending between the petitioner and private opposite party Nos. 8 and 9, which would be the appropriate forum for redressal of the petitioner’s grievance after recording evidence of both the parties.. 5. Learned counsel appearing for the petitioner seeks liberty to raise his grievance before the competent forum and further seeks liberty to challenge the findings recorded in Patna High Court MJC No.1409 of 2017(6) dt.13-08-2026 3/3 Annexure-A before the competent court. 6. Considering the aforesaid submissions, the instant petition stands disposed of with liberty to the petitioner to challenge the findings recorded in Annexure-A before the competent authority. The petitioner shall also be at liberty to raise his grievance before the competent civil court where the aforesaid civil suit is pending. Rajiv/- (Shailendra Singh, J) U