Patna High Court
Ram Chandra SahversusThe State of Bihar through District Magistrate,
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The court granted liberty to approach the writ court and disposed of the contempt petition.
Summary
Ram Chandra Sah filed a contempt petition against the State of Bihar and several officials alleging non‑compliance with a prior order. The Collector‑cum‑District Magistrate had disposed of an appeal on 15‑Nov‑2025, which the alleged encroacher challenged in CWJC No. 20905 of 2025, leading a coordinate bench to stay that order on 31‑Jan‑2026. The respondents sought to file a supplementary show‑cause, and the petitioner requested liberty to approach the writ court while preserving the contempt petition. The court granted the petitioner liberty to proceed with the writ petition and ordered that the contempt petition be disposed of. Consequently, the contempt petition was dismissed, allowing the petitioner to pursue relief in the writ jurisdiction.
Issues considered
- Whether the petitioner may approach the writ court while a contempt petition is pending
- Whether the contempt petition should be revived if the writ petition is dismissed
Subjects
- contempt of court
- writ jurisdiction
- stay order
- civil procedure
- liberty to approach court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1237 of 2023
In
Civil Writ Jurisdiction Case No.8064 of 2021
======================================================
Ram Chandra Sah Son of Late Darshan Sah resident of village- Kthram, P.S.
-Jamalpur, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Darbhanga, Principal
Secretary, Land Reform and Revenue Department, Bihar, Patna.
2. The Rajiv Roushan, District Magistrate, Darbhanga.
3. The Sri Rajesh Jha @ Raja, Additional Collector, (Public Grievance
Redressed) District- Darbhanga.
4. The Sri Sanjeev Kumar Kapal, Sub Divisional Public Grievance Redressed
Officer, Biraul, Darbhanga.
5. The Pusmat Kumar Jha, Chief Engineer, Water Resource Department,
Samastipur.
6. The Shambhu Kumar, Additional Executive Engineer, Food Control
Divisional-2, Jhanjharpur.
7. The Shambhu Kumar, Additional Divisional Officer, Flood Control
Additional Division Supoul, Comp. Jhanjharpur.
8. The Raj Kumar Singh, Circle Officer, Goura Bouram, District- Darbhanga.
9. Arjun Sahu, Son of Late Garbhu Sahu resident of village- Kothram, P.s.-
Jamalpur, O.P.- Dagaon, District- Darbhanga.
10. Sandeep Sahu, Arjun Sahu resident of village- Kothram, P.s.- Jamalpur, O.P.-
Dagaon, District- Darbhanga
11. Lalo Sahu, Son of Debu Sahu resident of village- Kothram, P.S.- Jamalpur,
O.P.- Dagaon, District- Darbhanga.
12. Sujeet Sahu, Son of Lalo Sahu resident of village- Kothram, P.S.- Jamalpur,
O.P.- Dagaon, District- Darbhanga.
13. Navin Sahu, Son of Late Shibu Sahu resident of village- Kothram, P.S.-
Jamalpur, O.P.- Dagaon, District- Darbhanga.
14. Shyam Singh, Son of Late Jageshwar Singh resident of village- Kothram,
P.S.- Jamalpur, O.P.- Dagaon, District- Darbhanga.
15. Mithlesh Sahu, Son of Ramchandra Sahu resident of village- Kothram, P.S.-
Jamalpur, O.P.- Dagaon, District- Darbhanga.
16. Ajay Sahu, son of Mahabir Sahu resident of village- Kothram, P.S.-
Jamalpur, O.P.- Dagaon, District- Darbhanga.
17. Vijay Sahu, Son of Mahabir Sahu resident of village- Kothram, P.S.-
Jamalpur, O.P.- Dagaon, District- Darbhanga.
18. Jitendra Sahu, Son of Gouri Sahu resident of village- Kothram, P.S.-
Jamalpur, O.P.- Dagaon, District- Darbhanga.
Patna High Court MJC No.1237 of 2023(8) dt.13-02-2026
2/3
19. Gouri Sahu, Son of Late Garbhu Sahu resident of village- Kothram, P.S.-
Jamalpur, O.P.- Dagaon, District- Darbhanga.
20. Ujit Sahu, Son of Lalo Sahu resident of village- Kothram, P.S.- Jamalpur,
O.P.- Dagaon, District- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra, Adv.
For the Opposite Party No. 1-7 : Mr. Navnit Kumar, AC to GP-18
For the Opposite no. 13 : Mr. Rajan Kumar Dubey, Adv.
Mr. Kumar Gaurav, Adv.
Ms. Sheshadri Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
8 13-02-2026 The learned counsel for the opposite parties seeks to
file a supplementary show cause, copy whereof has already been
filed online. Let the same be kept on record.
2. The learned counsel for the opposite parties has pointed
out that after the appeal was disposed off by the Collector-cum-
District Magistrate, Darbhanga, vide order dated 15.11.2025, the
alleged encroacher has challenged the same before this Court in
CWJC No. 20905 of 2025, wherein a coordinate Bench of this
Court, vide order dated 31.1.2026, has been pleased to stay the
operation of the said order dated 15.11.2025 till further orders.
3. In view of the aforesaid, the learned counsel for the
petitioner seeks liberty on behalf of the petitioner to approach
the writ Court in the aforesaid writ petition by taking
appropriate steps, however seeks liberty to revive the present
contempt petition in case the aforesaid writ petition stands
Patna High Court MJC No.1237 of 2023(8) dt.13-02-2026
3/3
dismissed. Liberty, so sought, is granted.
4. Accordingly, the present contempt petition stands
disposed off.
(Mohit Kumar Shah, J)
Ajay/-
U
Checking your session…