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Patna High Court

Ram Chandra SahversusThe State of Bihar through District Magistrate,

Decided
Disposal
DISPOSED

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


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