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2026 DAILYLAW 34911 (PAT)

Vikash Kumar Sharma v. The State of Bihar

MJC/1126/2019 · 2026-02-18

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1126 of 2019 In Civil Writ Jurisdiction Case No.968 of 2017 ====================================================== 1. Vikash Kumar Sharma S/o Sri Chandrika Sharma Resident of Village- Bishunpurwa, P.S.- Sugauli, District- East Champaran, at present posted as Seasonal Tube Well operator at Bishunpurwa, Sugauli, East Champaran. 2. Nematullah S/o Md. Samullah R/o Vill-Mohammadpur, P.S. Patahi, Distt- East Champaran, at present posted as Seasonal Tube well operator at Bhandaar, Dahka, East Champaran 3. Akhileshwar Prasad Yadav S/o Satya Narayan Pd. Yadav R/o Vill-Arariya, P.S. Dhaka, District-East Champaran, at present posted as Seasonal Tube well operator at Harauni Dhaka, East Champaran 4. Md. Mumtaz Alam Son of Md. Majid R/o Vill-Kherwa, P.S. Dhaka, District- East Champaran, at present posted as Seasonal Tube well operator at Phulwariya, Dhaka, East Champaran 5. Prakash Singh Kashyap Son of Prem Chandra Singh R/o Vill-Khan Pakhar, P.S. Dhaka, District-East Champaran, at present posted as Seasonal Tube well operator at Garahia, Patahi, East Champaran 6. Md. Saddam Hussain Son of Musafir Rai R/o Vill-Jamua, P.O. Jamua, Block-Dhaka, P.S. Dhaka, District-East Champaran, at present posted as Seasonal Tube well operator at Goabari, Block-Dhaka, East Champaran 7. Maheshwar Kumar S/o Musafir Rai R/o Vill-Jadopur Bakhari, P.O. Kramwa, P.S. Dhaka, District-East Champaran at present posted as Seasonal Tube well operator at Lahan, Block- Dhaka, East Champaran 8. Ram Naresh Kumar S/o Musafir Rai R/o Vill-Jadopur Bakhari, P.O.- Kramwa, P.S.-Dhaka, District-East Champaran, at present posted as Seasonal Tube well operator at Kharuhi, Block- Dhaka, East Champaran 9. Krishna Murari Thakur Son of Prabhu Mahto R/o Vill-Ratwara Hathua, P.S. Paru, District-East Champaran, at present posted as Seasonal Tube well operator at Panapur Tetariya, East Champaran 10. Jai Prakash Mahto S/o Satya Deo Mahto R/o Vill-Chotki Pakhnahia, P.S. Dhaka, District-East Champaran, at present posted as Seasonal Tube well operator at Kadamwa, Ghorasahan, East Champaran 11. Lal Dhar Mahto S/o Tileshwar Mahto R/o Vill-Mathia Bariyarpur, P.O.-Pipra Kothi, P.S. Pipra Kothi, District-East Champaran, at present posted as Seasonal Tube well operator at Marajpur Motihari, East Champaran 12. Rupesh Kumar Mahto S/o Subhash Mahto R/o Vill-Khajuria, P.S. Dumariya, District-East Champaran, at present posted as Seasonal Tube well operator at Balganga Turkaulia, East Champaran 13. Pramod Kumar S/o Prabhu Mahto R/o Vill-Ratwara Hathua, P.S. Paru, District-East Champaran, at present posted as Seasonal Tube well operator at Panapur Tetariya, East Champaran 14. Md. Shahid Eqbal S/o Md. Narun Hooda R/o Vill-Kherwa, P.S. Dhaka, District-East Champaran, at present posted as Seasonal Tube well operator at Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026 2/7 Kharoi, Dhaka, East Champaran 15. Pappu Kumar S/o Sri Rameshwar Mahto R/o Vill-Mathia Bariyarpur, P.S. Pipra Kothi, Distt-East Champaran, at present posted as Seasonal Tube well operator at Phulwa Ghat, Motihari, East Champaran 16. Rup Narayan Mahto S/o Bachan Mahto R/o Vill-Madhubani, P.O. Mufassil, District-East Champaran, at present posted as Seasonal Tube well operator at Sirsa, Motihari East Champaran 17. Santosh Kumar S/o Ram Kishun Mahto R/o Vill-Sarotar, P.S. Dumaria Ghat, District-East Champaran, at present posted as Seasonal Tube well operator at Kanchan (2) Keshariya, East Champaran 18. Braj Bhushan Pandey S/o Nand Kumar Pandey R/o Vill-Jaisinpur, P.S.- Tuarkaulia, District-East Champaran, at present posted as Seasonal Tube well operator at Chitrao, Turkauliya, East Champaran 19. Yadav Lal Prasad S/o Rajendra Mahto R/o Vill-Ram Purwa, P.S. Gobindganj, District-East Champaran, at present posted as Seasonal Tube well operator at Ijra Nawada, Areraj, East Champaran 20. Chuman Baitha S/o Ram Lagan Baitha R/o Vill-Suryapur, Bagha Tola, P.S. Pipra Kothi, Distt-East Champaran, at present posted as Seasonal Tube well operator at Jhakhra Colony, Pipra Kothi, East Champaran 21. Shushil Kumar S/o Basudeo Rai R/o Vill-Kishunpur, P.S. Jiwdhara, Distt- East Champaran, at present posted as Seasonal Tube well operator at Salepur Pipra Kothi, East Champaran 22. Jitendra Kumar S/o Prabhu Sahani R/o Vill-Bairathpur, P.O. Bahuarwa, P.S. Majhaulia, District-West Champaran, at present posted as Seasonal Tube well operator at Belaith, Sugauli, East Champaran 23. Pradeep Kumar S/o Narad Mahto R/o Vill-Mathia Bariyarpur, P.S. Pipra Kothi, District-East Champaran, at present posted as Seasonal Tube well operator at Mishari Tola, Motihari, East Champaran 24. Vikash Kumar S/o Dina Nath Sah R/o Vill-Hardiya, P.S. Turkauliya, District-East Champaran, at present posted as Seasonal Tube well operator at Barmadiya, Chakia, East Champaran 25. Manoj Kumar S/o Dhanush Dhari Mahto R/o Vill-Bhiribhidh, P.S. Chanapatia, District-West Champaran, at present posted as Seasonal Tube well operator at Sugaw, Sugauli, East Champaran 26. Ram Surat Mahto S/o Rajendra Mahto R/o Vill-Chainpur, P.S. Majhwlia, District-West Champaran, at present posted as Seasonal Tube well operator at Bharganwa, Sugauli, East Champaran 27. Vinod Kumar S/o Ram Surat Mahto R/o Vill-Air Walia, P.S. Kotwa, District- East Champaran, at present posted as Seasonal Tube well operator at Bariarpur (01) Motihari, East Champaran 28. Sanjay Kumar S/o Chaturi Mahto R/o Vill-Parsooni Kishun, P.S. Pipra, District East Champaran, at present posted as Seasonal Tube well operator at Baramadia, Chakia, East Champaran 29. Rajan Kumar Sharma S/o Nand Kishore Sharma R/o Vill-Sarotar, P.S. Dumariya, District-East Champaran, at present posted as Seasonal Tube well operator at Nauni Hal (01), Mehsi, East Champaran Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026 3/7 30. Munchun Kumar S/o Basisth Mahto R/o Village-Harpur, P.S. Pipra, District- East Champaran, at present posted as Seasonal Tube well operator at Sagar Mathiya, Chakiya, East Champaran 31. Krishna Kumar S/o Motilal Prasad R/o Vill-Chhota Bariyarpur, P.S. Chhatauni, District-East Champaran, at present posted as Seasonal Tube well operator at Husaini (04) Kesariya, East Champaran 32. Jai Prakash Kumar Sahi S/o Ram Dharath Sahni R/o Vill-Sarotar, P.S. Dumariya, District-East Champaran, at present posted as Seasonal Tube well operator at Bairiya No. (1), Kesariya, East Champaran 33. Soni Kumkar Sharma S/o Brij Kishore Sharma R/o Vill-Saroar, P.S. Dumaria Ghat, District-East Champaran, at present posted as Seasonal Tube well operator at Yamuniya, Chakiya, East Champaran 34. Kunal Kumar S/o Surendra Sahni R/o Village-Sarotar, P.S. Dumaria Ghat, District-East Champaran, at present posted as Seasonal Tube well operator at Baisakhawa, Kesria, East Champaran 35. Sikandar Kumar S/o Ravindra Sahni R/o Vill-Sarotar, P.S. Dumaria Ghat, District East Champaran, at present posted as Seasonal Tube well operator at Haraz, Motihari, East Champaran 36. Arvind Kumar Mahto S/o Ram Eqbal Mahto R/o Village-Sarotar, P.S. Dumaria Ghat, District-East Champaran, at present posted as Seasonal Tube well operator at Bhagnatia, Kesariya, East Champaran 37. Chandan Kumar S/o Jawahar Lal Prasad R/o Village Sarotar, P.S. Dumaria Ghat, District East Champaran at present posted as Seasonal Tube well operator at Bairiya (04), Kesharia East Champaran 38. Awinash Kumar S/o Ajay Dubey R/o Village Sarotar, P.S. Dumaria Ghat, District East Champaran at present posted as Seasonal Tube well operator at Kadhan, Kesaria, East Champaran 39. Ambedkar Kumar S/o Ravindra Sahni R/o Vill-Sarotar, P.S. Dumaria Ghat, District East Champaran, at present posted as Seasonal Tube well operator at Betwara, Motihari, East Champaran 40. Mritunjay Kumar S/o Sudist Mahto R/o Village Sarotar, P.S. Dumaria Ghat, District East Champaran at present posted as Seasonal Tube well operator at Baramdia (Banarjhula), Chakia, East Champaran 41. Ram Janam Mahto S/o Arjun Mahto R/o Village Sarotar, P.S. Dumariya Ghat, District East Champaran at present posted as Seasonal Tube well operator at Semuapur, Kesariya East Champaran 42. Sona Lal Sah S/o Ram Narayan Sah R/o Vill-Barharwa, P.S. Dumaria Ghat, District-East Champaran, at present posted as Seasonal Tube well operator at Hussaini (2) Kesaria, East Champaran 43. Ajay Kumar S/o Ram Prasad Thakur R/o Village Sarotar, P.S. Dumaria Ghat, District East Champaran at present posted as Seasonal Tube well operator at Bramdhia (Phulwaria), Chakia, East Champaran 44. Ashok Kumar S/o Jailal Mahto R/o Vill-Mathia Bariyarpur, P.O. Maheshpur, P.S. Pipra Kothi, District-East Champaran, at present posted as Seasonal Tube well operator at Mishwa Bathra Kotwa, East Champaran 45. Shashi Kumar S/o Nag Narayan Prasad Yadav R/o Village Mathiya Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026 4/7 (Bariarpur), P.S. Pipra Kothi, District-East Champaran, at present posted as Seasonal Tube well operator at Dharmuha (2), Motihari East Champaran 46. Ajay Kumar Yadav S/o Ram Chandra Yadav R/o Village Sagar Sahi, P.S.- Pipra, District East Champaran at present posted as Seasonal Tube well operator at Sahanpura, Chakia, East Champaran 47. Sohan Lal Mahto S/o Jailal Mahto R/o Vill-Mathia Bariyarpur, P.S. Pipra Kothi, District-East Champaran, at present posted as Seasonal Tube well operator at Madhubani Ghat, Motihari, East Champaran 48. Sanju Kumar S/o Sudhir Bhagat R/o Vill-Jagdishpur, P.S. Kalyanpur, District East Champaran, at present posted as Seasonal Tube well operator at Pakri Dixit, Kalyanpur, East Champaran 49. Surendra Kumar Mahto S/o Dukhit Mahto R/o Vill-Badhai Thela, P.S. Kesariya, Distt-Eat Champaran, at present posted as Seasonal Tube well operator at Lala Chapra, Kesharia, East Champaran 50. Sumeshwar Mahto S/o Yadunandan Mahto R/o Vill-Phultakia, P.S.-Kesaria, Distt-East Champaran, at present posted as Seasonal Tube well operator at Gulab Kha, Madhuban, East Champaran 51. Kunal Kumar Singh S/o Prabha Singh R/o Vill-Siswa Patna, P.S. Kesariya, District-East Champaran, at present posted as Seasonal Tube well operator at Jasauli Patti, Kotwa, East Champaran 52. Ranjan Kumar Sah S/o Surendra Kumar Sah R/o Vill-Phultakia, P.S. Kesariya, District-East Champaran, at present posted as Seasonal Tube well operator at Bettiah Basant, Kotwa, East Champaran 53. Ajit Kumar S/o Pramod Prasad R/o Vill-Phultakia, P.S. Kesariya, District- East Champaran, at present posted as Seasonal Tube well operator at Dumkra Kotwa, East Champaran 54. Kunal Kumar S/o Bhola Prasad R/o vill-Kesariya, P.S. Kesariya, District- East Champaran, at present posted as Seasonal Tube well operator at Medhua (02), Tetaria, East Champaran 55. Gaurav Kumar S/o Vijay Kumar Jaiswal R/o Vill-Kesaria, P.S. Kesaria, District-East Champaran, at present posted as Seasonal Tube well operator at Dih Pakri, Pakri Dayal, East Champaran 56. Bhola Kumar S/o Rameshwar Mahto R/o Vill-Mathia, P.S. Kesariya, District-East Champaran, at present posted as Seasonal Tube well operator at Bala Tola (01), Mehshi, East Champaran 57. Mantu Kumar S/o Rameshwar Mahto R/o Vill-Bans Ghat, P.S. Chakiya, District-East Champaran, at present posted as Seasonal Tube well operator at Rani Patti, Mehsi, East Champaran 58. Vikash Kumar S/o Sitaram Mahto R/o Vill-Madhiya, P.S. Kesaria, District- East Champaran, at present posted as Seasonal Tube well operator at Kherwa, Madhuban, East Champaran 59. Shankar Ram S/o Dasai Ram R/o Vill-Madhiya, P.S. Kesaria, District-East Champaran, at present posted as Seasonal Tube well operator at Medhua (01) Teraria, East Champaran 60. Manoranjan Kumar S/o Rameshwar Mahto R/o Vill-Madhiya, P.S. Kesaria, District-East Champaran at present posted as Seasonal Tube well operator at Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026 5/7 Bairiya (03), Kesaria East Champaran 61. Rajesh Kumar S/o Birendra Kumar Ray R/o Vill-Madhiya, P.S. Kesaria, District-East Champaran, at present posted as Seasonal Tube well operator at Bokane Kla (02) Patahi, East Champaran 62. Satendar Mahto S/o Ram Sagar Mahto R/o Vill-Phultakia, P.S. Kesaria, District East Champaran, at present posted as Seasonal Tube well operator at Ram Purwa Pakri Dayal, East Champaran 63. Shiv Kumar S/o Shankar Singh R/o Vill-Phutakia, P.S. Kesariya, District East Champaran, at present posted as Seasonal Tube well operator Madhubani, Dubey Tola Kotwa, East Champaran 64. Ankush Kumar S/o Umakant Prasad R/o Vill-Phultakia, P.S. Kesariya, District-East Champaran, at present posted as Seasonal Tube well operator at Bairiya (04), Kesharia East Champaran 65. Subhash Kumar S/o Binod Rai R/o Vill-Madhiya, P.S. Kesaria, District-East Champaran, at present posted as Seasonal Tube well operator at Amwa Ghorasahan, East Champaran 66. Santosh Kumar Sah S/o Dwarika Sah R/o Vill-Jagdishpur, P.S. Kahpanpur, District-East Champaran, at present posted as Seasonal Tube well operator at Kukiha, Raxaul, East Champaran 67. Rajeev Ranjan Son of Shivalal Mahto R/o Vill-Madhiya Briyarpur, P.S. Pipra Kothi, Distt-East Champaran, at present posted as Seasonal Tube well operator at Suryapur, Pipra Kothi, East Champaran 68. Hari Shankar Mahto S/o Chalitar Mahto R/o Vill-Ram Karan Pakdi, P.S.- Chakiya, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Ram Karan (Pakri), Chakiya, East Champaran 69. Manoj Kumar Mahto S/o Ram Eqbal Mahto R/o Vill-Sarotar, P.S. Dumaria Ghat, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Barharwa Khurd, Kesaria, East Champaran 70. Mani Bhushan Sahni S/o Devendra Sahni R/o Vill-Sarotar, P.S. Dumaria Ghat, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Hussaini (01), Kesaria, East Champaran 71. Sumit Gautam S/o Dinesh Kumar Mishra R/o Vill-Karna, P.O. and P.S.- Dhaka, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Telhara, Dhawa, East Champaran 72. Santosh Kumar S/o Basdev Sahni R/o Vill-Jitaura, P.S. Madhuban, Distt- East Champaran, at present posted as Seasonal Tube well Operator at Bhelwa, Madhuban, East Champaran 73. Sashi Ranjan Kumar S/o Ravindra Sahni R/o Vill-Vishunpur Basant, P.S. Phenara, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Madhupur (3), Madhuban, East Champaran 74. Birendra Kumar Yadav Son of Nagina Rai R/o Vill-Bishunpura, (Harinarayana), P.S. Pipra Station, Distt-East Champaran 75. Ranjeet Kumar Mahto S/o Ram Eqbal Mahto R/o Vill-Harpur (Hardash), P.S.-Kalyanpur, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Koirangawa, Kalyanpur, East Champaran Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026 6/7 76. Jitendra Kumar Yadav Son of Ram Ayodhya Rai R/o Vill-Mathia Bariyarpur, P.S. Pipra Kothi, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Mathia, Malahi Tola, East Champaran 77. Shiv Ranjan Kumar Son of Shankar Singh R/o Vill-Phultakia, P.S. Kesaria, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Chaila, Pakri Dayal, East Champaran 78. Sandeep Kumar Son of Aasdev Mahto R/o Vill-Bairiya, P.S. Sangrampur, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Bairiya, Sangrampur, East Champaran 79. Virendra Kumar Son of Shiv Balak Sharma R/o Vill-Lakshmipur, P.S.- Sugauli, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Bhaha, Sugauli, East Champaran 80. Santosh Mahto Son of Bhairo Mahto R/o Vill-Surujpur, P.O. Jiwdhara, P.S. Pipra Kothi, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Surujpur, Pipra Kothi, East Champaran 81. Ravindra Prasad Yadav Son of Rameshwar Rai R/o Vill-Godhiya, P.O.- Haraj, P.S. Sikarganj, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Dihu Tola, Madhuban, East Champaran 82. Manoj Kumar Son of Banshi dhar Mahto R/o Vill-Kushar, P.S. Turkaulia, Distt-East Champaran, at present posted as Seasonal Tube well Operator at Saraiya (Turkaulia), East Champaran ... ... Petitioner/s Versus 1. The State of Bihar Through Deepak Kumar, Chief Secretary General and Administrative Department, Govt. of Bihar, Patna. 2. Sri K.K. Pathak, The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna. 3. Sri Arun Kumar Singh, The Principal Secretary, Minor Irrigation Department, Govt. of Bihar, Patna. 4. Sri Rakesh Kumar, Special Executive Officer, Minor Irrigation, Department Govt. of Bihar, Patna. 5. Sri Narmadeshwar Lal, The Commissioner, Tirhut Division Muzaffarpur. 6. Shri Raman Kumar, The District Officer, Motihari, East Champaran. 7. Sri Sunil Kumar, chief Engineer, Muzaffarpur. 8. Sir Jitendra Kumar Diwakar, Executive Engineer, Motihari, East Champaran. 9. Sri Jitendra Kumar Diwakar, Assistant Engineer Dhaka, East Champaran. 10. Sir Jitendra Kumar Diwar, Assistant Engineer, Palanwa, East Champaran. 11. Sri Jitendra Kumar Diwakar, Assistant Engineer, Raxaul, East Champaran. 12. Sri Jitendra Kumar Diwakar, Assistant Engineer, Sugauli, East Champaran. ... ... Opposite Party/s ====================================================== Patna High Court MJC No.1126 of 2019(6) dt.18-02-2026 7/7 Appearance : For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s : Mr. Durgesh Nandan (AAG-4) Mr. Manoj Kumar Sinha, AC to Ex-AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 6 18-02-2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. Learned counsel for the petitioner fairly submits that necessary orders on their representation have been filed and seeks liberty to take appropriate remedy in this case. 3. Permission is duly accorded and liberty is restored to the petitioner. 4. Accordingly, the contempt petition stands disposed of. sharun/- (Ajit Kumar, J) U