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Patna High Court

Dhananjay SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted permission to the petitioners to seek other legal remedies for any remaining encroachment and disposed of the contempt petition.

Summary

Petitioners Dhananjay Sah and Mishri Sah filed a contempt petition against the State of Bihar and several officials, seeking permission to approach other legal remedies if any encroachment remained after compliance with a prior order dated 21‑06‑2023. The opposite side contended that the encroachment had been removed in compliance with that order. The petitioners argued that any residual encroachment should allow them to seek further redress. The Court examined the compliance status and, finding that the petitioners might still have grievances, granted them permission to pursue other remedies. Consequently, the contempt petition was disposed of.

Issues considered

  • Whether the petitioners should be permitted to seek other legal remedies for any subsisting encroachment after compliance with the earlier court order

Subjects

  • contempt
  • civil writ jurisdiction
  • encroachment
  • remedial relief
  • court order compliance

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.1287 of 2024
                                                    In
                              Civil Writ Jurisdiction Case No.7708 of 2015
                 ======================================================
           1.     Dhananjay Sah son of Jang Bahadur Sah Resident of Village Rulahi tola
                  Bishambhra, Gram Panchayat Rulahi, Anchal Majhaulia, District- West
                  Champaran
           2.    Mishri Sah son of Jang Bahadur Sah Resident of Village Rulahi tola
                 Bishambhra, Gram Panchayat Rulahi, Anchal Majhaulia, District- West
                 Champaran

                                                                           ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar Bihar
           2.    Sri Dinesh Kumar Roy The District Magistrate West Champaran at Bettiah
           3.    Sri Binod Kumar The Sub Divisional Magistrate Sub- Division Bettiah
                 Sadar, District- West Champaran
           4.    Sri Rajeev Ranjan The Circle Officer, Circle Majhaulia, District West
                 Champaran
           5.    Sri Akhilesh Kumar Mishra The Officer-in-charge Police Station Majhaulia,
                 District- West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Lalan Kumar Verma, Adv.
                 For the Opposite Party/s :   Mr.Additional Advocate General 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

4   25-02-2026             At the outset, the learned counsel for the opposite parties

                   submits that in compliance of the order of this Court dated

                   21.6.2023, passed in CWJC No. 7708 of 2015, the

                   encroachment in question has been removed.

                   2.      At this juncture, the learned counsel for the petitioners

                   submits that in case any encroachment is subsisting, the

                   petitioners be permitted to seek redressal of their subsisting

                   grievances, by availing such other remedies as are otherwise
         Patna High Court MJC No.1287 of 2024(4) dt.25-02-2026
                                                     2/2




                   available under the law. Permission, so sought, is granted.

                   3.      Accordingly, the present contempt petition stands

                   disposed off.


                                           (Mohit Kumar Shah, J)

Ajay/-

U


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